Kiritsis & Associates
A look at the New York Statute of Frauds with regards to real property lease agreements.
Jul 26, 2021
Law Offices of Kiritsis & Associates. Phone: (212) – 922 – 0005.
Author: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Lawyers should look at the New York Statute of Fraud’s underlying legal authorities to decode NJSF lease provisions, turning abstract legal concepts to applied legal theories.
A triple net lease is a type of net let lease. All triple net leases are net leases, but not all net leases are triple net leases. Landlords often favor net leases because they absolve landlords from duties to maintain the property. There may be New York case laws where an informal memorandum functions as a legally binding and enforceable written 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.
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.
Professional service lease contracts, including Accounting, Insurance, Medicine, Law, Architecture, etc.
Safety deposit/vault use lease contracts.
Cinema and theater productions related use lease contracts.
Co-habitation lease contracts.
Gross lease contracts.
Single net lease contracts.
Triple net lease contracts.
Real property lease contracts. Kiritsis Law Group. Phone: (212)–922–0005
Lease contract modifications.
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.
Synagogue and related use lease contracts.
Hinduism temple and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005
501 (c) 3 organization and related use lease contracts.
Lease contracts with option to purchase clause.
Tax favored lease contracts.
Agriculture and related use lease contracts.
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:
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Sources:
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
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