Kiritsis & Associates
Overview of Single Net commercial leases in New York.
Jul 26, 2021
Kiritsis Law Offices. Phone: (212) – 922 – 0005.
Written By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
A single net commercial lease is a contract where the tenant pays rent and the landlord’s property tort obligations. A single net lease does not meet the requirements of a gross lease. However, a single net lease differs from a double net lease and a triple net lease. Leases may be written, oral, or implied. Unlike with residential leases, case laws are more pronounced with commercial leases. This legal guide assumes the parties involved are NOT dealing in any “roomer”-type agreements, including seasonal and temporary occupancies. New York black letter law construes leases on contract law doctrines.
Depending on the individual county and/or municipality rules, as well as, the premises' use type and applicable zoning-code type of regulations, a real property lease agreement, may be legally required to file a public-recordation type of document, with the recorder-office.
The COVID-19 pandemic has significantly impacted the laws revolving New York leases, in many ways. Trying to account for all COVID-19 legal changes within this subtropical practice area will not only be an unrealistically ambitious venture but likely futile.
From this author’s experience, single net commercial leases tend to be more popular regarding office premises (i.e., nonretail storefronts). In New York, if a tenant abandons a commercial lease property (whether a single, double, or triple lease), the landlord typically has no duty to mitigate damages ??? reletting the abandoned premises.
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. through 8 p.m. We offer prospective clients both exhaustive and comprehensive leasing law practice services, including the following:
Non-rent 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. Call our law offices at (212)–922–0005
Gym and other recreational related use lease agreements of New York.
Jewelry and related use lease agreements of New York.
Chemical and pest control related use lease agreements of New York.
Gross lease agreements of New York.Call our law offices at (212)–922–0005
Single net lease agreements of New York.
Triple net lease agreements of New York.
Real property lease agreements of New York.
Lease agreements modifications of New York.
Cancellation of real property lease agreements of New York. Call our law offices at (212)–922–0005
Cancellation of commercial lease agreements of New York.
Gas station and related use lease agreements of New York.
Food establishment and related use lease agreements of New York.
Liquor store and other related use lease agreements of New York.
Parking space and garage related use lease agreements of New York. Call our law offices at (212)–922–0005
Morgue and related use lease contracts.
Buddhist temple and related use lease contracts.
Non-profit and related use lease contracts.
Lease sales back terms lease contracts.
Development site lease contracts. Call our law offices at (212)–922–0005
Farming related lease contracts.
Livestock related use lease contracts.
Timber related use lease contracts.
Oil drilling related use lease contracts.
Riparian and water rights related use lease contracts. Call our law offices at (212)–922–0005
Dining hall use lease contracts.
Tenant-focused and customized lease contracts.
Condo lease contracts.
Condo co-op lease contracts.
Co-op-type building premises lease contracts. Call our law offices at (212)–922–0005
4-plex property lease contracts.
Mixed-use property lease contracts.
Industrial use property lease contracts.
Postal office box related use lease contracts.
Carwash and other related use lease contracts. Call our law offices at (212)–922–0005
Hair saloon and related use lease contracts.
Governmental entity organization related use lease contracts.
Adults-only recreational use lease contracts, including strip clubs, Marijuana dispensaries, etc.
Co-op propriety lease contracts.
Drafting lease contracts. Call our law offices at (212)–922–0005
Lease contract 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.
Potential relevant citations and informational references:
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):
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