Kiritsis & Associates

 

Dealing with New York tenants occupying the building with other tenants.

Jul 26, 2021

Kiritsis Law Offices Call: (212) – 922 – 0005.

Written By:  John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

If the premises have multiple commercial tenants, it is crucial for the lease to specify which premises are bestowed to which respective lessors and lessees. No federal statutes resolve property leasing disputes. Leases with governmental parties are beyond the scope of this legal guide.

 

New York Statute of Fraud provisions have a timeline of 3 years. There may be New York case laws where an informal memorandum functions as a legally binding and enforceable written lease.

In several municipalities throughout the State of New York, there may be some type of regulatory requirements which impose (generally, the burden would fall exclusively or mostly to landlords) the obtaining of rental license and Certificate of Occupancy Good Standing type of documents, prior to being able to legally enter into a lease agreement.

 

This is an area of New York law where the plain reading of the laws, regulations, and contract provisions are far less important than the parties exercising their day-to-day legal rights. A way landlords can draft a lease in a way that eliminates the tenant’s statutory rights is to have the tenants become the equivalent of hotel guests (residential leases) or office-sharing occupants (commercial leases).

 

The practical restraints brought on to the operations of the New York Judiciary System by the Coronavirus-related shutdowns, may have made much of the substance of this brief analysis, an incomplete and/or incorrect generalized explanation, of what is an already heavily technical and complicated topical area, within the study of jurisprudence.

 

To better assist in a quest of further analyzing this type of question(s) as revolving per this legal guide article, it may be useful to make additional inquiries, such as: Is it legal or practical to allow tenants to sublease? Are the premises that include rent or occupancy use complaint with recent building code regulations? Should the lease contain specific clauses regarding issues with security deposits?

 

Our firm can help you draft, review, negotiate, and execute any type of New York real property lease agreement. We are open seven days a week from 8 a.m. to 8 p.m. We offer prospective clients both exhaustive and comprehensive leasing law practice services, including the following:
 

New York residential lease contract agreements.

New York rent regulated residential lease contract agreements.

New York rent control regulated residential lease contract agreements.

New York office space lease contract agreements.

New York warehouse commercial use lease contract agreements.

New York office space use lease contract agreements. 

New York bank/financial institution use lease contract agreements. 

New York gym and other recreational related use lease contract agreements.  

New York jewelry and related use lease contract agreements. 

New York chemical and pest control related use lease contract agreements. 

New York roommate use lease contract agreements. 

New York shared office space use lease contract agreements. Kiritsis & Associates (212)–922–005.   

New York netted lease contract agreements. 

New York double net lease contract agreements. 

New York commercial leases with time extension option provisions.

New York addendum and side deal real property lease contract agreements. 

New York existing lease assumption lease contract agreements. 

New York cancellation of residential lease contract agreements. Kiritsis & Associates (212)–922–005.   

New York barbershop and beautician related lease contract agreements. 

New York restaurant and related use lease contract agreements. 

New York deli and bodega related use lease contract agreements. 

New York bar and tavern related use lease contract agreements. 

New York religious institution and related use lease contract agreements. 

New York lease sales back terms lease contract agreements. Kiritsis & Associates (212)–922–005. 

New York development site lease contract agreements. 

New York farming related lease contract agreements. 

New York livestock related use lease contract agreements. 

New York timber related use lease contract agreements. 

New York oil drilling related use lease contract agreements. 

New York riparian and water rights related use lease contract agreements. Kiritsis & Associates (212)–922–005.   

New York dining hall use lease contract agreements. 

New York tenant-focused and customized lease contract agreements.

New York condo lease contract agreements. 

New York condo co-op lease contract agreements. 

New York co-op-type building premises lease contract agreements. 

New York single family dwelling lease contract agreements. Kiritsis & Associates (212)–922–005.   

New York three family dwelling lease contract agreements. 

New York multi-family property lease contract agreements. 

New York commercial use building premises lease contract agreements. 

New York locker room/storage type lease contract agreements. 

New York laundromat and other related use lease contract agreements. 

New York florist, botanical, and horticulture use lease contract agreements. Kiritsis & Associates (212)–922–005.   

New York municipal related use lease contract agreements. 

New York hostel and other related use lease contract agreements. 

 

We offer prospective clients services throughout the state of New York, including the following counties:

 

Albany

Allegany

Bronx

Broome

Cattaraugus

Cayuga

Chautauqua

Chemung

Chenango

Clinton

Columbia

Cortland

Delaware

Cutchess

Erie

Essex

Franklin

 

Fulton

Genesee

Greene

Hamilton

Herkimer

Jefferson

Kings

Lewis

Livingston

Madison

Monroe

Montgomery

Nassau

New York

Niagara

Oneida

Onondaga

Ontario

Orange

Orleans

Oswego

Otsego

Putnam

Queens

Rensselaer

Richmond

Rockland

St. Lawrence

Saratoga

Schenectady

Schoharie

Schuyler

Seneca

Steuben

Suffolk

Sullivan

Tioga

Tompkins

Ulster

Warren

Washington

Wayne

Westchester

Wyoming

Yates

 

You can call use today for a FREE initial consultation with a licensed New York real estate attorney at (212) – 922 – 0005.

 

We offer a number of fee payment options, including Flat, Hourly rate, Mixed-type (various payment plans combined).

 

We accept all standard methods of payment, including Cash, Personal Check, Business Check, Cashier Check, Bank Check, Money Order, Debit Card, most Credit Cards.

 

We also sell template-type products, including legal guide pamphlet-style booklets.

For more information on any of the above services and products, or any type of legally related service product, contact us at any of our New York and New Jersey branch affiliates.

 

Potential relevant citations and informational references:

 

HSTPA of 2019

New York Real Property Law (NY RPL) Section 7

New York City Department of Buildings

New York State Bar Association

New York Uniform Vendor Purchaser Risk Act

 

NY RPL §223

NY RPL §227

NY RPL §235

 

Brown v. Volkening, 64 N.Y. 76 (1876)

Matter of City of New York [Braddock Ave.], 251 App. Dir. 669 (2nd Dept. 1937)

Johnson v. Depew, 33 A.D.2d 645 (4th Dept. 1969)

V.R.W., Inc. v. Klein 68 N.Y.2d 560 (1986)

Stambovsky v. Ackley, 169 A.D.2d 254 (1st Dept. 1991)

Holy Props. Ltd., L.P. v. Cole Prods. Inc., 87 N.Y.2d 130 (1995)

Wells Fargo Bank N.A. v. Carney, S.O. A.D.3d 287 (1st Dept. 2008)

Island Fed. Credit Union v. Smith, 60 A.D.3d 730 (2nd Dept. 2009)

U.S. Bank v. Dellermo, 94 A.D.3d 746 (2nd Dept. 2012)

Carlo v. Koch-Matthews, 53 Misc 3d 466 (Cohoes City Court 2016)

 

Law Offices of Kiritsis & Associates
Phone: 212 922 0005

Manhattan Office (Main Office):
633 Third Avenue
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