Kiritsis & Associates
Can a court in New York, override the provisions of a commercial real property lease agreement?
Jul 26, 2021
Law Offices of Kiritsis & Associates: (212) – 922 – 0005.
Author: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Yes, since New York real estate laws are mostly based on common law. However, courts overriding or changing common law is the exception, not the rule.
Construing leases is often a matter of law. A jury will rarely resort to the parole evidence rule. Parties should NOT rely on courts to construe better bargains than those the lease provides. Courts will NOT construe a lease in a way that leads to absurd results. Due to constitutional and other concerns, courts will typically avoid construing a lease in a way that leads to civil forfeiture.
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 of the COVID-19 legal changes within this subtropical practice area will not only be an unrealistically ambitious venture but likely futile.
Any answers to these issues need large qualifiers. Given the complexity of New York City commercial leases, the provisions of even the best drafted commercial lease may give rise or fail to prevent courts from finding a novel legal issue. A common reason New York courts override many lease provisions is because they violate the warranty of habitability, which do NOT apply in typical New York commercial leases.
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.
Office space use lease contracts.
Bank/financial institution use lease contracts.
Gym and other recreational related use lease contracts.
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Cancellation of residential lease contracts.
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Governmental entity organization related use lease contracts.
Adults-only recreational use lease contracts, including strip clubs, Marijuana dispensaries, etc.
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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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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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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
Suite 1306
Brooklyn Office (By Appointment Only):
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Brooklyn, NY 11228
1st Floor
New Jersey Office:
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Ventnor, NJ 08406
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