Kiritsis & Associates
The do's and don'ts of restrictive covenants in New York commercial lease agreement legal disputes.
Jul 26, 2021
Kiritsis Law Offices. Call: (212) – 922 – 0005.
Written By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
A restrictive covenant is an agreement that restricts the value a party may derive from the premises. Leases may be written, oral, or implied. The planning above does NOT account for non-real property.
“Additional rent” is an important concept in New York landlord-tenant law. The lease should describe specific uses a party may utilize the property.
In several municipalities throughout the State of New York, there may be some type of regulatory requirements which impose (generally, the burden would fall exclusively or mostly to landlords) the obtaining of rental license and Certificate of Occupancy Good Standing type of documents, prior to being able to legally enter into a lease agreement.
In New York City, such provisions may be especially important when utilized to resolve potential disputes regarding automobile parking. The law in this area substantially differs from those regarding residential use tenancies.
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:
Residential lease contract agreements.
Rent regulated residential lease contract agreements.
Rent control regulated residential lease contract agreements.
Office space lease contract agreements.
Warehouse commercial use lease contract agreements.
Office space use lease contract agreements. Kiritsis & Associates (212)–922–005.
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.
Cancellation of real property lease contract agreements.
Cancellation of commercial lease contract agreements.
Gas station and related use lease contract agreements.
Food establishment and related use lease contract agreements.
Liquor store and other related use lease contract agreements.
Parking space and garage related use lease contract agreements. Kiritsis & Associates (212)–922–005.
Church and related use lease contract agreements.
Synagogue and related use lease contract agreements.
Hinduism temple and related use lease contract agreements.
501 (c) 3 organization and related use lease contract agreements.
Lease contract agreement contracts with option to purchase clause.
Tax favored lease contract agreements. Kiritsis & Associates (212)–922–005.
Agriculture and related use lease contract agreements.
Poultry related use lease contract agreements.
Mineral rights related use lease contract agreements.
Laboratory and medical testing related use lease contract agreements.
Buffet-style restaurant use lease contract agreements.
Landlord-focused and customized lease contract agreements. Kiritsis & Associates (212)–922–005.
Construction project centered lease contract agreements.
Co-op lease contract agreements.
Condo-type building premises lease contract agreements.
Condo co-op building premises lease contract agreements.
Two family dwelling lease contract agreements.
4-plex property lease contract agreements. Kiritsis & Associates (212)–922–005.
Mixed-use property lease contract agreements.
Industrial use property 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. Kiritsis & Associates (212)–922–005.
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You can call use today for a FREE initial consultation with a licensed New York real estate attorney at (212) – 922 – 0005.
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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
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Phone: (212) – 922 – 0005.