Kiritsis & Associates

 

Putting absurd provisions in a New York commercial lease agreement, could come back to hurt landlords.

Jul 26, 2021

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

Courts try making sense in their rulings, not nonsense. Doing so is both common sense and prudent governing policy.

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. “Additional rent” is an important concept in New York landlord-tenant law. Under unique or exceptional circumstances, it may be better for parties to enter an oral lease.

Constitutional provisions, especially the 13th Amendment, may work as a practical restrain with regards to landlords, having the ability to construct too overbearing/one-sided lease agreements, under the auspices of the freedom to contract.

The COVID-19 pandemic has significantly impacted the laws revolving New York leases, in many ways. Trying to account for all COVID-19 legal changes within this subtropical practice area will not only be an unrealistically ambitious venture but likely futile.

 

With New York City leases, especially commercial leases, lawyers may often disagree on whether a given provision is absurd or sensical. For brevity’s sake, the author limits discussion of the absurdity of New York lease provisions only to New York Real Property Laws and New York General Obligation Laws.

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 special zoning classification uses or restrictions be included in New York real property leases, accounting for such uses by the tenant(s)?  Has the lease been reviewed and revised to account for any recent relevant changes in New York law? Do any rent regulation laws apply to the lease?

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:

 

Non-rent regulated residential lease contracts.

Rent regulated stabilized residential lease contracts.

Commercial lease contracts.

Bank/financial institution use lease contracts. 

Gym and other recreational related use lease contracts. 

Jewelry and related use lease contracts. 

Chemical and pest control related use lease contracts. 

Roommate use lease contracts. 

Shared office space use lease contracts. 

Netted lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Double net lease contracts. 

Commercial leases with time extension option provisions.

Addendum and side deal real property lease contracts. 

Cancellation of real property lease contracts. 

Cancellation of commercial lease contracts. 

Gas station and related use lease contracts. 

Food establishment and related use lease contracts. 

Liquor store and other related use lease contracts. 

Parking space and garage related use lease contracts. 

Church and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Synagogue and related use lease contracts. 

Hinduism temple and related use lease contracts. 

501 (c) 3 organization and related use lease contracts. 

Lease contracts with option to purchase clause.

Poultry related use lease contracts. 

Mineral rights related use lease contracts. 

Laboratory and medical testing related use lease contracts. 

Buffet-style restaurant use lease contracts. 

Landlord-focused and customized lease contracts. 

Construction project centered lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Co-op lease contracts. 

Condo-type building premises lease contracts. 

Condo co-op building premises lease contracts. 

Two family dwelling lease contracts. 

4-plex property lease contracts. 

Mixed-use property lease contracts. 

Industrial use property lease contracts. 

Postal office box related use lease contracts. 

Carwash and other related use lease contracts. 

Hair saloon and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Governmental entity organization related use lease contracts. 

Adults-only recreational use lease contracts, including strip clubs, Marijuana dispensaries, etc.

Co-op propriety lease contracts. 

Drafting lease contracts.

Lease contract and document review services.


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
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