Kiritsis & Associates
Can a New York commercial property lease agreement allow for CAM and tax expenses to be proportionally shared, between lessors and lessees.
Jul 26, 2021
Kiritsis Law Group. Phone: (212) – 922 – 0005.
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Yes, though how CAM and tax expenses may be shared varies among local legal practices. Unlike with residential leases, case laws are more pronounced with commercial leases. A party that fails to properly plan a commercial lease will waste much time reviewing and negotiate the lease later.
Under unique or exceptional circumstances, it may be better for parties to enter an oral lease. New York real property law does NOT include personal property.
Depending on the situation, it may be the case, that commercial and residential landlords, may be subjectable to reporting rent roll receipt figures, in some way, shape and/or form. Whether or not a New York real property owner is subject to that requirement, could extenuate other issues, as it pertains to the points raised by this legal-guide article's title.
HSTPA of 2019 and Governor Cuomo’s executive orders may have changed this area of law. From this author’s review of his case files, such leases have somewhat lost popular since the COVID-19 pandemic.
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.
Rent regulated residential lease contract agreements.
Rent control regulated residential lease contract agreements.
Office space lease contract agreements.
Warehouse commercial use lease contract agreements.
Office space use lease contract agreements. Kiritsis & Associates (212)–922–005.
Spa and physical therapy related use lease agreements.
Professional service lease agreements, including Accounting, Insurance, Medicine, Law, Architecture, etc.
Safety deposit/vault use lease agreements.
Cinema and theater productions related use lease agreements.
Co-habitation lease agreements.
Gross lease agreements. Kiritsis & Associates (212)–922–005.
Single net lease agreements.
Triple net lease agreements.
Real property lease agreements.
Lease agreements modifications.
Cancellation of real property lease agreements.
Cancellation of commercial lease agreements. Kiritsis & Associates (212)–922–005.
Gas station and related use lease agreements.
Food establishment and related use lease agreements.
Poultry related use lease agreements.
Mineral rights related use lease agreements.
Laboratory and medical testing related use lease agreements.
Buffet-style restaurant use lease agreements. Kiritsis & Associates (212)–922–005.
Landlord-focused and customized lease agreements.
Construction project centered lease agreements.
Co-op lease agreements.
Condo-type building premises lease agreements.
Condo co-op building premises lease agreements.
Two family dwelling lease agreements. Kiritsis & Associates (212)–922–005.
4-plex property lease agreements.
Mixed-use property lease agreements.
Industrial use property lease agreements.
Postal office box related use lease agreements.
Carwash and other related use lease agreements.
Hair saloon and related use lease agreements. Kiritsis & Associates (212)–922–005.
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.
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.
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
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.