Kiritsis & Associates
Dealing with New York tenants occupying the building with other tenants.
Jul 26, 2021
Kiritsis Law Offices Call: (212) – 922 – 0005.
Written By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
If the premises have multiple commercial tenants, it is crucial for the lease to specify which premises are bestowed to which respective lessors and lessees. No federal statutes resolve property leasing disputes. Leases with governmental parties are beyond the scope of this legal guide.
New York Statute of Fraud provisions have a timeline of 3 years. There may be New York case laws where an informal memorandum functions as a legally binding and enforceable written lease.
In several municipalities throughout the State of New York, there may be some type of regulatory requirements which impose (generally, the burden would fall exclusively or mostly to landlords) the obtaining of rental license and Certificate of Occupancy Good Standing type of documents, prior to being able to legally enter into a lease agreement.
This is an area of New York law where the plain reading of the laws, regulations, and contract provisions are far less important than the parties exercising their day-to-day legal rights. A way landlords can draft a lease in a way that eliminates the tenant’s statutory rights is to have the tenants become the equivalent of hotel guests (residential leases) or office-sharing occupants (commercial leases).
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:
New York residential lease contract agreements.
New York rent regulated residential lease contract agreements.
New York rent control regulated residential lease contract agreements.
New York office space lease contract agreements.
New York warehouse commercial use lease contract agreements.
New York office space use lease contract agreements.
New York bank/financial institution use lease contract agreements.
New York gym and other recreational related use lease contract agreements.
New York jewelry and related use lease contract agreements.
New York chemical and pest control related use lease contract agreements.
New York roommate use lease contract agreements.
New York shared office space use lease contract agreements. Kiritsis & Associates (212)–922–005.
New York netted lease contract agreements.
New York double net lease contract agreements.
New York commercial leases with time extension option provisions.
New York addendum and side deal real property lease contract agreements.
New York existing lease assumption lease contract agreements.
New York cancellation of residential lease contract agreements. Kiritsis & Associates (212)–922–005.
New York barbershop and beautician related lease contract agreements.
New York restaurant and related use lease contract agreements.
New York deli and bodega related use lease contract agreements.
New York bar and tavern related use lease contract agreements.
New York religious institution and related use lease contract agreements.
New York lease sales back terms lease contract agreements. Kiritsis & Associates (212)–922–005.
New York development site lease contract agreements.
New York farming related lease contract agreements.
New York livestock related use lease contract agreements.
New York timber related use lease contract agreements.
New York oil drilling related use lease contract agreements.
New York riparian and water rights related use lease contract agreements. Kiritsis & Associates (212)–922–005.
New York dining hall use lease contract agreements.
New York tenant-focused and customized lease contract agreements.
New York condo lease contract agreements.
New York condo co-op lease contract agreements.
New York co-op-type building premises lease contract agreements.
New York single family dwelling lease contract agreements. Kiritsis & Associates (212)–922–005.
New York three family dwelling lease contract agreements.
New York multi-family property lease contract agreements.
New York commercial use building premises lease contract agreements.
New York locker room/storage type lease contract agreements.
New York laundromat and other related use lease contract agreements.
New York florist, botanical, and horticulture use lease contract agreements. Kiritsis & Associates (212)–922–005.
New York municipal related use lease contract agreements.
New York hostel and other related use lease contract agreements.
We offer prospective clients services throughout the state of New York, including the following counties:
Albany
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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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Potential relevant citations and informational references:
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
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Phone: (212) – 922 – 0005.