Kiritsis & Associates
Putting absurd provisions in a New York commercial lease agreement, could come back to hurt landlords.
Jul 26, 2021
Kiritsis Law Offices. Phone: (212) – 922 – 0005.
Written By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Courts try making sense in their rulings, not nonsense. Doing so is both common sense and prudent governing policy.
Parole evidence challenges can successfully subject a properly written and legally binding lease. New York Statute of Fraud provisions have a timeline of 3 years. “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.
Constitutional provisions, especially the 13th Amendment, may work as a practical restrain with regards to landlords, having the ability to construct too overbearing/one-sided lease agreements, under the auspices of the freedom to contract.
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.
With New York City leases, especially commercial leases, lawyers may often disagree on whether a given provision is absurd or sensical. For brevity’s sake, the author limits discussion of the absurdity of New York lease provisions only to New York Real Property Laws and New York General Obligation Laws.
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. to 8 p.m. We offer prospective clients both exhaustive and comprehensive leasing law practice services, including the following:
Non-rent regulated residential lease contracts.
Rent regulated stabilized residential lease contracts.
Commercial lease contracts.
Bank/financial institution use lease contracts.
Gym and other recreational related use lease contracts.
Jewelry and related use lease contracts.
Chemical and pest control related use lease contracts.
Roommate use lease contracts.
Shared office space use lease contracts.
Netted lease contracts. Kiritsis Law Group. Phone: (212)–922–0005
Double net lease contracts.
Commercial leases with time extension option provisions.
Addendum and side deal real property lease contracts.
Cancellation of real property lease contracts.
Cancellation of commercial lease contracts.
Gas station and related use lease contracts.
Food establishment and related use lease contracts.
Liquor store and other related use lease contracts.
Parking space and garage related use lease contracts.
Church and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005
Synagogue and related use lease contracts.
Hinduism temple and related use lease contracts.
501 (c) 3 organization and related use lease contracts.
Lease contracts with option to purchase clause.
Poultry related use lease contracts.
Mineral rights related use lease contracts.
Laboratory and medical testing related use lease contracts.
Buffet-style restaurant use lease contracts.
Landlord-focused and customized lease contracts.
Construction project centered lease contracts. Kiritsis Law Group. Phone: (212)–922–0005
Co-op lease contracts.
Condo-type building premises lease contracts.
Condo co-op building premises lease contracts.
Two family dwelling lease contracts.
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.
Hair saloon and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005
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.
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
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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