Kiritsis & Associates
'Condition of premises' at the point of tenant's surrounding occupancy clauses, in New York real property leases.
Jul 26, 2021
Kiritsis Law Group. Phone: (212) – 922 – 0005.
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
“Condition of premises” is a term of art that pervades New York commercial lease laws. One way it manifests is regarding mitigation of damages. Real property laws are state laws. In New York, chattel is NOT considered real property.
Parole evidence challenges can successfully subject a properly written and legally binding lease. New York commercial leases may address any fixture removal rights by tenants.
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.
A common phrase in many New York real property leases is for the premises to be delivered in “broom-clean condition.” Landlords and tenants may be required to substantiating the premises’ condition before, during, and after the tenancy, especially in New York City and downstate counties.
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:
Residential lease contract agreements of New York.
Rent regulated residential lease contract agreements of New York.
Rent control regulated residential lease contract agreements of New York.
Office space lease contract agreements of New York.
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Office space use lease contract agreements of New York. Kiritsis & Associates (212)–922–005.
Safety deposit/vault use lease contract agreements of New York.
Cinema and theater productions related use lease contract agreements of New York.
Co-habitation lease contract agreements of New York.
Gross lease contract agreements of New York.
Single net lease contract agreements of New York.
Triple net lease contract agreements of New York. Kiritsis & Associates (212)–922–005.
Real property lease contract agreements of New York.
Lease contract agreements modifications of New York.
Cancellation of real property lease contract agreements of New York.
Cancellation of commercial lease contract agreements of New York.
Gas station and related use lease contract agreements of New York.
Food establishment and related use lease contract agreements of New York. Kiritsis & Associates (212)–922–005.
Liquor store and other related use lease contract agreements of New York.
Parking space and garage related use lease contract agreements of New York.
Church and related use lease contract agreements of New York.
Synagogue and related use lease contract agreements of New York.
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501 (c) 3 organization and related use lease contract agreements of New York. Kiritsis & Associates (212)–922–005.
Lease contract agreements with option to purchase clause of New York.
Tax favored lease contract agreements of New York.
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Poultry related use lease contract agreements of New York.
Mineral rights related use lease contract agreements of New York.
Laboratory and medical testing related use lease contract agreements of New York. Kiritsis & Associates (212)–922–005.
Buffet-style restaurant use lease contract agreements of New York.
Landlord-focused and customized lease contract agreements of New York.
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Condo-type building premises lease contract agreements of New York.
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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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Phone: (212) – 922 – 0005.