Kiritsis & Associates
The parol evidence rule in New York lease contracts for commercial and residential real estate.
Jul 26, 2021
Kiritsis Law Group. Phone: (212) – 922 – 0005.
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
The parol evidence rule is procedural law (the way evidence is admitted in court). Generally, it is not substantive law (the actual claims disputed). Such rules are construed from statutes by judges. 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 based on contract law doctrines.
The Constitution allows wide freedoms to contract or not to contract. As the default, courts construe commercial leases in a way that honors the intentions of the contracting parties.
Public policy favors allowing for more freedom to contract with regards to leases dealing with commercial use and commercial business tenants, as opposed to leases dealing with residential unit type of spaces which would presumably be utilized by tenants for habitation.
New York City Housing Courts may use parole evidence rules to favor tenants over landlords. Under New York General Obligation Laws, a court can void a real property lease exceeding 1 year unless the lease is signed by the parties’ respective agents.
The COVID-19 pandemic has significantly impacted the laws revolving New York leases, in many ways. Trying to account for all of the COVID-19 legal changes within this subtropical practice area, will not only be an unrealistically ambitious venture but likely futile.
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 of New York.
Rent regulated stabilized residential lease contracts of New York.
Commercial lease contracts of New York.
Industrial occupancy lease contracts of New York.
Warehouse storage lease contracts of New York.
Medical space use lease contracts of New York.
Spa and physical therapy related use lease contracts of New York.
Professional service lease contracts, including: Accounting, Insurance, Medicine, Law, Architecture, etc. of New York.
Safety deposit/vault use lease contracts of New York. Kiritsis Law Group. Phone: (212)–922–0005
Cinema and theater productions related use lease contracts of New York.
Co-habitation lease contracts of New York.
Gross lease contracts of New York.
Single net lease contracts of New York.
Triple net lease contracts of New York.
Real property lease contracts of New York.
Liquor store and other related use lease contracts of New York.
Parking space and garage related use lease contracts of New York.
Church and related use lease contracts of New York.
Synagogue and related use lease contracts of New York. Kiritsis Law Group. Phone: (212)–922–0005
Hinduism temple and related use lease contracts of New York.
501 (c) 3 organization and related use lease contracts of New York.
Lease agreement contracts with option to purchase clause of New York.
Tax favored lease contracts of New York.
Agriculture and related use lease contracts of New York.
Poultry related use lease contracts of New York.
Mineral rights related use lease contracts of New York.
Laboratory and medical testing related use lease contracts of New York.
Buffet-style restaurant use lease contracts of New York.
Landlord-focused and customized lease contracts of New York. Kiritsis Law Group. Phone: (212)–922–0005
Construction project centered lease contracts of New York.
Co-op lease contracts of New York.
Condo-type building premises lease contracts of New York.
Condo co-op building premises lease contracts of New York.
Two family dwelling lease contracts of New York.
4-plex property lease contracts of New York.
Mixed-use property lease contracts of New York.
Industrial use property lease contracts of New York.
Postal office box related use lease contracts of New York.
Carwash and other related use lease contracts of New York. Kiritsis Law Group. Phone: (212)–922–0005
Hair saloon and related use lease contracts of New York.
Governmental entity organization related use lease contracts of New York.
Adults-only recreational use lease contracts, including: Strip clubs, Marijuana dispensaries, etc. of New York.
Co-op propriety lease contracts of New York.
Drafting lease contracts of New York.
Lease contract and document review services of New York.
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.
For more information, you may want to look up the following source materials:
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.