Kiritsis & Associates

 

Landlords and tenants alike, should be extremely cautious with regards to New York lease agreement's termination triggering event provisions.

Jul 26, 2021

Kiritsis Law Group Phone: (212) – 922 – 0005.
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

Landlords and tenants should provide specific termination-triggering clauses in their commercial leases. Unlike with residential leases, case laws are more pronounced with commercial leases. New York black letter law construes leases on contract law doctrines.

 

Under unique or exceptional circumstances, it may be better for parties to enter an oral lease. A well-written lease should entirely describe the property.

With regards to rental lease agreements in New York, it goes without saying that zoning variance type of lawsuits can be a very time consuming, infuriating ant expensive adventure to the unwary. Landlords and tenants (especially, when dealing with commercial-use real property premises) should be mindful of not only their planned use actions with regards of the premises, but also of those of their surroundings.

 

Especially regarding leases in New York City and the downtown areas, the significance of such a triggering event varies between residential and commercial leases. A landlord failing to properly notify the tenant of the lease’s termination may cause the tenancy to continue under the same terms from the time the landlord gives written notice until the notice period ends.

 

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 agreements.

New York rent regulated residential lease agreements.

New York rent control regulated residential lease agreements.

New York office space lease agreements.

New York warehouse commercial use lease agreements.

New York office space use lease agreements. 

New York bank/financial institution use lease agreements. 

New York gym and other recreational related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

New York jewelry and related use lease agreements. 

New York chemical and pest control related use lease agreements. 

New York roommate use lease agreements. 

New York shared office space use lease agreements. 

New York netted lease agreements. 

New York double net lease agreements. 

New York church and related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

New York synagogue and related use lease agreements. 

New York Hinduism temple and related use lease agreements. 

New York 501 (c) 3 organization and related use lease agreements. 

New York lease agreement contracts with option to purchase clause.

New York tax favored lease agreements. 

New York agriculture and related use lease agreements. 

New York poultry related use lease agreements. 

New York mineral rights related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

New York laboratory and medical testing related use lease agreements. 

New York buffet-style restaurant use lease agreements. 

New York landlord-focused and customized lease agreements. 

New York construction project centered lease agreements. 

New York co-op lease agreements. 

New York condo-type building premises lease agreements. 

New York condo co-op building premises lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

New York two family dwelling lease agreements. 

New York 4-plex property lease agreements. 

New York mixed-use property lease agreements. 

New York industrial use property lease agreements. 

New York postal office box related use lease agreements. 

New York carwash and other related use lease agreements. 

New York hair saloon and related use lease agreements. 

New York governmental entity organization related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

New York adults-only recreational use lease agreements, including strip clubs, Marijuana dispensaries, etc.

New York master lease contract agreements. 

New York hypothecating, equity-utilization, leveraging lease contract agreements. 

New York negotiating lease contract agreements.

 

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

 

Albany

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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.

 

For more information, you may want to look up the following source materials:

 

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

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