Kiritsis & Associates
A look at lessee's legal abilities with respect of having their New York leases assigned to another party.
Jul 26, 2021
Law Offices of Kiritsis & Associates — (212) – 922 – 0005.
Author: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Landlords should be wary of whether or to what extent they allow tenants to assign the premises. Real property does NOT include personal property.
Courts will NOT construe a lease in a way that leads to absurd results. A triple net lease is a type of net let lease. The lease should spell out any exclusive use provisions for the premises.
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.
Given the wide fluctuations in rent market prices regarding New York City commercial premises, these provisions may be especially important. Under New York law, complicated regulations may apply when a court construes the landlord preventing the tenant from assigning the premises as unreasonable.
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: 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 agreements.
Rent regulated residential lease agreements.
Rent control regulated residential lease agreements.
Office space lease agreements.
Warehouse commercial use lease agreements.
Office space use lease agreements.
Bank/financial institution use lease agreements.
Gym and other recreational related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm.
Jewelry and related use lease agreements.
Chemical and pest control related use lease agreements.
Roommate use lease agreements.
Shared office space use lease agreements.
Netted lease agreements.
Double net lease agreements.
Commercial leases with time extension option provisions. Phone: (212)–922–0005. Kiritsis Law Firm.
Lease contract agreements modifications.
Cancellation of real property lease contract agreements.
Cancellation of commercial lease contract agreements.
Gas station and related use lease contract agreements.
Development site lease contract agreements.
Farming related lease contract agreements.
Livestock related use lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm.
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.
Co-op lease agreements.
Condo-type building premises lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm.
Single family dwelling lease contract agreements.
Three family dwelling lease contract agreements.
Multi-family property lease contract agreements.
Commercial use building premises lease contract agreements.
Locker room/storage type lease contract agreements.
Laundromat and other related use lease contract agreements.
Florist, botanical, and horticulture use lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm.
Governmental entity organization related use lease agreements.
Adults-only recreational use lease agreements, including strip clubs, Marijuana dispensaries, etc.
Co-op propriety 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.
Sources:
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
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
ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.
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.
We offer flat fee prices for many of the practice areas provided listed throughout our website. For more information on the topic that you may be interested, or simply to find out how our law firm group can help, you may click at any of our site's links.
We are available for existing and potentially new clients 7 days a week – via online, phone and/or in person.
Phone: (212) – 922 – 0005.