Kiritsis & Associates
Lessons may want to consider carefully, on whether their New York lease agreements should pursuit and/or require the lessor's entry into the premises for any of a number of purposes.
Jul 26, 2021
Law Offices of Kiritsis & Associates — (212) – 922 – 0005.
Author: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Lessor’s right to re-enter the premises heavily depend on specific facts on a case-by-case basis. Leases may be written, oral, or implied. This legal guide assumes the parties involved are NOT dealing in any “roomer”-type agreements, including seasonal and temporary occupancies.
“Additional rent” is an important concept in New York landlord-tenant law. Correctly spelling the lessor’s and lessee’s names is crucial when drafting and reviewing leases.
With regards to rental lease agreements in New York, it goes without saying that zoning variance type of lawsuits can be a very time consuming, infuriating ant expensive adventure to the unwary. Landlords and tenants (especially, when dealing with commercial-use real property premises) should be mindful of not only their planned use actions with regards of the premises, but also of those of their surroundings.
Landlords may still draft a New York real property lease where they gain all the potential benefits from being able to periodically enter the premises while limited or even avoiding possible risks of liability. In certain situations, a landlord improperly entered the leased premises may liable to civil or criminal charges.
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:
Non-rent regulated residential lease agreements.
Rent regulated stabilized residential lease agreements.
Commercial lease agreements.
Industrial occupancy lease agreements.
Gym and other recreational related use lease agreements.
Jewelry and related use lease agreements. Kiritsis & Associates (212)–922–005.
Chemical and pest control related use lease agreements.
Roommate use lease agreements.
Shared office space use lease agreements.
Netted lease agreements.
Double net lease agreements.
Commercial leases with time extension option provisions.
Addendum and side deal real property lease agreements. Kiritsis & Associates (212)–922–005.
Existing lease assumption lease agreements.
Cancellation of residential lease agreements.
Barbershop and beautician related lease agreements.
Restaurant and related use lease agreements.
Deli and bodega related use lease agreements.
Bar and tavern related use lease agreements. Kiritsis & Associates (212)–922–005.
Religious institution and related use lease agreements.
Morgue and related use lease agreements.
Buddhist temple and related use lease agreements.
Non-profit and related use lease agreements.
Lease sales back terms lease agreements.
Development site lease agreements. Kiritsis & Associates (212)–922–005.
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 contract agreements.
Dining hall use lease contract agreements. Kiritsis & Associates (212)–922–005.
Tenant-focused and customized lease contract agreements.
Condo lease contract agreements.
Condo co-op lease contract agreements.
Co-op-type building premises lease contract agreements.
Carwash and other related use lease contract agreements.
Hair saloon and related use lease contract agreements. Kiritsis & Associates (212)–922–005.
Governmental entity organization related use lease contract agreements.
Adults-only recreational use lease contract agreements, including strip clubs, Marijuana dispensaries, etc.
Co-op propriety lease contract agreements.
Drafting lease contract agreements.
Lease contract 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
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Erie
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Genesee
Greene
Hamilton
Herkimer
Jefferson
Kings
Lewis
Livingston
Madison
Monroe
Montgomery
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New York
Niagara
Oneida
Onondaga
Ontario
Orange
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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.
Sources:
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.