Kiritsis & Associates
Shifting utility expenses in commercial leases to New York lessees.
Jul 26, 2021
Kiritsis Law Offices -Call: (212) – 922 – 0005.
Written By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Landlords and tenants often have significant if not total freedom in deciding which parties are responsible for utility expenses.
Net leases often protect the landlord’s interests. Regarding net leases, parties should distinguish between expenses for the entire property and for proportionate shares of the property. New York real property law does NOT include personal property. The lease should describe specific uses a party may utilize the property.
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.
A landlord’s ability to control the distribution of utility services or products can significantly alter the balance of power in the landlord-tenant relationship. The extent of the landlord’s freedom to contract may largely depend on whether any warranty of habitability requirements are in play.
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:
Non-rent regulated residential lease contract agreements of New York.
Rent regulated stabilized residential lease contract agreements of New York.
Commercial lease contract agreements of New York.
Industrial occupancy lease contract agreements of New York.
Warehouse storage lease contract agreements of New York.
Medical space use lease contract agreements of New York.
Spa and physical therapy related use lease contract agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
Professional service lease contract agreements, including Accounting, Insurance, Medicine, Law, Architecture, etc. of New York.
Safety deposit/vault use lease contract agreements of New York.
Cinema and theater productions related use lease contract agreements of New York.
Co-habitation lease contract agreements of New York.
Gross lease contract agreements of New York.
Single net lease contract agreements of New York.
Triple net lease contract agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
Real property lease contract agreements of New York.
Lease contract agreements modifications of New York.
Cancellation of real property lease contract agreements of New York.
Cancellation of commercial lease contract 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. Phone: (212)–922–0005. Kiritsis Law Firm.
Church and related use lease agreements of New York.
Synagogue and related use lease agreements of New York.
Hinduism temple and related use lease agreements of New York.
501 (c) 3 organization and related use lease agreements of New York.
Lease agreement contracts with option to purchase clause of New York.
Tax favored lease agreements of New York.
Agriculture and related use lease agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
Poultry related use lease agreements of New York.
Mineral rights related use lease agreements of New York.
Laboratory and medical testing related use lease agreements of New York.
Buffet-style restaurant use lease agreements of New York.
Landlord-focused and customized lease agreements of New York.
Construction project centered lease agreements of New York.
Co-op lease agreements of New York.
Condo-type building premises lease agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
Condo co-op building premises lease agreements of New York.
Two family dwelling lease agreements of New York.
Hair saloon and related use lease agreements of New York.
Governmental entity organization related use lease agreements of New York.
Adults-only recreational use lease agreements, including strip clubs, Marijuana dispensaries, etc. of New York.
Co-op propriety lease agreements of New York.
Drafting lease agreements of New York. Phone: (212)–922–0005. Kiritsis Law Firm.
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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