Kiritsis & Associates

 

What happens if a New York commercial lease does not properly/adequately describe the underlying lease premises?

Jul 26, 2021

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

 

A lease failing to properly describe the premises could cause many legal issues from landlord-tenant disputes to housing court complications.

 

The Constitution allows wide freedoms to contract or not to contract. As the default, courts construe commercial leases in a way that honors the intentions of the contracting parties. Correctly spelling the lessor’s and lessee’s names is crucial when drafting and reviewing leases. A well-written lease should entirely describe the property.

In New York City, a lease that improperly or inadequately describes the premises can prevent the landlord from enforcing his legal rights. One should not confuse the concepts described above with regulations that govern every residential real property lease conferring a warranty of habitability, regardless if written or oral.

Many of the lease agreements (especially, many of the ones created through do-it-yourself autogenerating software or bare-bone store sold templates) did not account the catastrophic damages, that would inflict landlords and tenants after COVID-19.

 

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:

 

Non-rent regulated residential lease agreements.

Rent regulated stabilized residential lease agreements.

Commercial lease agreements.

Industrial occupancy lease agreements.

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

Medical space use lease agreements. 

Spa and physical therapy related use lease agreements. 

Professional service lease agreements, including Accounting, Insurance, Medicine, Law, Architecture, etc.

Safety deposit/vault use lease agreements. 

Cinema and theater productions related use lease agreements. 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 

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

Lease agreement contracts with option to purchase clause.

Tax favored lease agreements. 

Agriculture and related use lease agreements. 

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

Mineral rights related use lease agreements. 

Laboratory and medical testing related use lease agreements. 

Buffet-style restaurant use lease agreements. 

Landlord-focused and customized lease agreements. 

Construction project centered lease agreements. Call our law offices at (212)–922–0005

Co-op lease agreements. 

Condo-type building premises lease agreements. 

Condo co-op building premises lease agreements. 

Two family dwelling lease agreements. 

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

Mixed-use property lease agreements. 

Industrial use property lease agreements. 

Postal office box related use lease agreements. 

Carwash and other related use lease agreements. 

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

Governmental entity organization related use lease agreements. 

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

Co-op propriety lease agreements. 

Drafting lease agreements.

Lease agreement and document review services. Call our law offices at (212)–922–0005

 

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.

 

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

 

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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We hope you would find this website useful with regards to finding potentially relevant information for your legal issue. The Law Offices of Kiritsis & Associates PLLC is a boutique law Firm Group headquartered in Midtown Manhattan, with offices in Manhattan, Brooklyn (NY) and New Jersey. We strive to provide professional legal services for individuals and various business entities. Our clientele ranges from including aspiring entrepreneurs, startups to established business organizations.

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Phone: (212) – 922 – 0005.

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