Kiritsis & Associates
Fixture removal provisions for New York commercial leases.
Jul 26, 2021
Kiritsis Law Group.Phone: (212) – 922 – 0005.
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
When drafting fixture removal provisions, the contracting parties should do the following: Define what a fixture is. List what fixtures are conferred in the lease. Address any architectural or engineering concerns.
“Additional rent” is an important concept in New York landlord-tenant law. Under unique or exceptional circumstances, it may be better for parties to enter an oral lease. The lease should account for any pre-moving repairs and alterations. New York commercial leases may address any fixture removal rights by tenants.
An often-overlooked issue with reviewing, drafting, negotiating and/or finalizing lease agreements involving real property, are the potential tax avoidance and/or tax compliance issues. This should not be given off minimal importance in any situation, and especially within New York, which arguably has the highest property tax bills in the country, and one of the highest State income tax rates among the 50 States.
In some situations, UCC filing may override the enforcement of inserted lease provisions. Provisions dealing with fixture removal typically become an issue in legal actions over holdover tenancies.
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 of New York.
Rent regulated residential lease agreements of New York.
Rent control regulated residential lease agreements of New York.
Office space lease agreements of New York.
Warehouse commercial use lease agreements of New York.
Office space use lease agreements of New York.
Bank/financial institution use lease agreements of New York.
Gym and other recreational related use lease agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
Jewelry and related use lease agreements of New York.
Chemical and pest control related use lease agreements of New York.
Roommate use lease agreements of New York.
Shared office space use lease agreements of New York.
Netted lease agreements of New York.
Double net lease agreements of New York.
Commercial leases with time extension option provisions of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
Addendum and side deal real property lease agreements of New York.
Existing lease assumption lease agreements of New York.
Cancellation of residential lease agreements of New York.
Barbershop and beautician related lease agreements of New York.
Restaurant and related use lease agreements of New York.
Deli and bodega related use lease agreements of New York.
Bar and tavern related use lease agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
Religious institution and related use lease agreements of New York.
Morgue and related use lease agreements of New York.
Buddhist temple and related use lease agreements of New York.
Non-profit and related use lease agreements of New York.
Lease sales back terms lease agreements of New York.
Development site lease agreements of New York.
Farming related lease agreements of New York.
Livestock related use lease agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
Timber related use lease agreements of New York.
Oil drilling related use lease agreements of New York.
Co-op-type building premises lease agreements of New York.
Single family dwelling lease agreements of New York.
Three family dwelling lease agreements of New York.
Multi-family property lease agreements of New York.
Commercial use building premises lease agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
Locker room/storage type lease agreements of New York.
Laundromat and other related use lease agreements of New York.
Florist, botanical, and horticulture use lease agreements of New York.
Municipal related use lease agreements of New York.
Hostel and other related use lease agreements of New York.
Master lease agreements of New York.
Hypothecating, equity-utilization, leveraging lease agreements of New York.
Negotiating lease agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
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.