Kiritsis & Associates

 

Issues, with regards off drafting for repairs and/or altercation provisions in New York commercial real property lease agreements.

Jul 26, 2021

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

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

 

Provisions regarding costs for repairing or altering property are supremely important because of the property’s potential size and these provisions potentially triggering or negating other provisions in the lease.

 

Parole evidence challenges can successfully subject a properly written and legally binding lease. New York Statute of Fraud provisions have a timeline of 3 years. The lease should spell out any exclusive use provisions for the premises. The lease should provide who controls what parts of the property.

An often-overlooked issue with reviewing, drafting, negotiating and/or finalizing lease agreements involving real property, are the potential tax avoidance and/or tax compliance issues. This should not be given off minimal importance in any situation, and especially within New York, which arguably has the highest property tax bills in the country, and one of the highest State income tax rates among the 50 States.

 

Exclusive use provisions may be significantly important in New York City due to the relatively high labor costs pertaining to the construction and development of real estate. This legal guide is confined to commercial property. A landlord dealing with residential premises may be subject to warranting the premises may not be hazardous or dangerous to the tenant.

 

The law as it pertains to lease contracts in New York, may have changed and/or continue to evolve, during the legal changes brought on by Covid 19. It is perhaps worth mentioning that even before the spread of the Coronavirus in the U.S., New York Landlord/Tenant laws and real property leasing laws, were considered highly esoteric and by many were a sign of a much need legal reform.

 

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: Should any pertaining lease documents be filed as a public recordation? Is it possible to make a county-specific public recordation of the pertaining lease documents? Is it permissible to have the lease be freely assignable?

 

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 non-rent regulated residential lease agreements.

New York rent regulated stabilized residential lease agreements.

New York commercial lease agreements.

New York industrial occupancy lease agreements.

New York warehouse storage lease agreements. Call our law offices at (212)–922–0005

New York medical space use lease agreements. 

New York spa and physical therapy related use lease agreements. 

New York professional service lease agreements, including Accounting, Insurance, Medicine, Law, Architecture, etc.

New York jewelry and related use lease contracts. 

New York chemical and pest control related use lease contracts. Call our law offices at (212)–922–0005 

New York roommate use lease contracts. 

New York shared office space use lease contracts. 

New York netted lease contracts. 

New York double net lease contracts. 

New York commercial leases with time extension option provisions. Call our law offices at (212)–922–0005 

Lease agreements modifications.

Cancellation of real property lease agreements. 

Cancellation of commercial lease agreements. 

Gas station and related use lease agreements. 

Food establishment and related use lease agreements. Call our law offices at (212)–922–0005 

Liquor store and other related use lease agreements. 

Parking space and garage related use lease agreements. 

Church and related use lease agreements. 

Synagogue and related use lease agreements. 

Hinduism temple and related use lease agreements. Call our law offices at (212)–922–0005 

Oil drilling related use lease agreements. 

Riparian and water rights related use lease agreements. 

Dining hall use lease agreements. 

Tenant-focused and customized lease agreements.

Condo lease agreements. Call our law offices at (212)–922–0005 

Condo co-op lease agreements. 

Co-op-type building premises lease agreements. 

Single family dwelling lease agreements. 

Three family dwelling lease agreements. 

Multi-family property lease agreements. Call our law offices at (212)–922–0005 

Commercial use building premises lease agreements. 

Locker room/storage type lease agreements. 

Laundromat and other related use lease agreements. 

Florist, botanical, and horticulture use lease agreements. 

Municipal related use lease agreements. Call our law offices at (212)–922–0005 

Hostel and other related use lease agreements. 

Master lease agreements. 

Hypothecating, equity-utilization, leveraging lease agreements. 

Negotiating lease 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:

 

New York Constitution

New York City Bar Association

New York Department of Finance

New York State Society of CPAs

General Obligation Law (GOL) §5-702, §5-703

 

NY RPL §226

NY RPL §232

NY RPL §237

 

Hiles v. Fisher, 144 N.Y. 306 (1895)

Lawriv v. Cit of Rochester, 14 A.D.2d 13 (4th Dept. 1961)

Minja K Co. v. Randolph, 140 A.D.2d 245 C 1st Dept, (1988)

Scutti Enterprises, Inc. v. Wackermain Cuchone Custom Builders, Inc., 153 A.D.2d 83 (4th Dept. 1989)

Witter v. Taggart, 78 N.Y.S.2d 234 (1991)

Bonton v. Williams, 42 A.D.3d 795 (3rd Dept. 2007)

Wells Fargo Bank N.A. v. Marchione, 69 A.D.3d 204 (2nd Dept. 2009)

Meyers v. Rosen, 69 A.D.3d 1095 (2nd Dept. 2010)

Pritsiolas v. Apple Bankcorp, Inc., 120 A.D.3d 647 (2nd Dept. 2014)

Kheel v. Molinari, 165 A.D.3d 1576 (3rd Dept. 2018)

 

Law Offices of Kiritsis & Associates
Phone # 212 922 0005

Manhattan Office (Main Office):
633 Third Avenue
New York, NY 10017
Suite 1306

Brooklyn Office (By Appointment Only):
1023 74th Street
Brooklyn, NY 11228
1st Floor

New Jersey Office:
7309 Ventnor Avenue
Ventnor, NJ 08406
2nd Floor 

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