Kiritsis & Associates
A new lessee's right to sublease (or lack thereof), should be addressed on a New York lease agreement.
Jul 26, 2021
Kiritsis Law Group Phone: (212) – 922 – 0005.
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Landlords and tenants should negotiate a lessee’s right to sublease the premises given the volatile nature of a commercial tenant’s business operations. The planning above does NOT account for non-real property.
Parties should NOT rely on courts to construe better bargains than those the lease provides. Net leases often protect the landlord’s interests. Regarding net leases, parties should distinguish between expenses for the entire property and for proportionate shares of the property. The lease should describe specific uses a party may utilize the property.
Increasingly, tenants and landlords understand (especially due to Covid 19 pandemic) with have well-thought out, carefully planned for, meticulously drafted, diligently scrutinized and legally executable and self-enforceable lease contract agreements.
Absent a contract provision, a statutory provision from Albany or another applicable City Hall can resolve disputes or misunderstandings that contradict the parties’ intent. Unless dealing with an assignment with more leasing rights than those of the lease, the tenant may not assign a lease without the landlord’s consent. (Note: this rule has many exceptions and qualifications depending on the commercial lease.)
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: 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:
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.
Shared office space use lease agreements.
Netted lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm.
Double net lease agreements.
Commercial leases with time extension option provisions.
Addendum and side deal real property lease agreements.
Existing lease assumption lease agreements.
Cancellation of residential lease agreements.
Barbershop and beautician related lease agreements.
Restaurant and related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm.
Liquor store and other related use lease contract agreements.
Parking space and garage related use lease contract agreements.
Church and related use lease contract agreements.
Synagogue and related use lease contract agreements.
Hinduism temple and related use lease contract agreements.
501 (c) 3 organization and related use lease contract agreements.
Lease contract agreement contracts with option to purchase clause.
Development site lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm.
Farming related lease agreements.
Livestock related use lease agreements.
Timber related use lease agreements.
Oil drilling related use lease agreements.
Riparian and water rights related use lease agreements.
Dining hall use lease agreements.
Tenant-focused and customized lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm.
Co-op lease contract agreements.
Condo-type building premises lease contract agreements.
Condo co-op building premises lease contract agreements.
Two family dwelling lease contract agreements.
4-plex property lease contract agreements.
Mixed-use property lease contract agreements.
Industrial use property lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm.
Hair saloon and related use lease agreements.
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. Phone: (212)–922–0005. Kiritsis Law Firm.
We offer prospective clients services throughout the state of New York, including the following counties:
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You can call use today for a FREE initial consultation with a licensed New York real estate attorney at (212) – 922 – 0005.
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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.
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
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
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Phone: (212) – 922 – 0005.