Kiritsis & Associates
What happens if a New York commercial lease does not properly/adequately describe the underlying lease premises?
Jul 26, 2021
Kiritsis Law Offices. Phone: (212) – 922 – 0005.
A lease failing to properly describe the premises could cause many legal issues from landlord-tenant disputes to housing court complications.
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. Correctly spelling the lessor’s and lessee’s names is crucial when drafting and reviewing leases. A well-written lease should entirely describe the property.
In New York City, a lease that improperly or inadequately describes the premises can prevent the landlord from enforcing his legal rights. One should not confuse the concepts described above with regulations that govern every residential real property lease conferring a warranty of habitability, regardless if written or oral.
Many of the lease agreements (especially, many of the ones created through do-it-yourself autogenerating software or bare-bone store sold templates) did not account the catastrophic damages, that would inflict landlords and tenants after COVID-19.
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 agreements.
Rent regulated stabilized residential lease agreements.
Commercial lease agreements.
Industrial occupancy lease agreements.
Warehouse storage lease agreements. Call our law offices at (212)–922–0005
Medical space use lease agreements.
Spa and physical therapy related use lease agreements.
Professional service lease agreements, including Accounting, Insurance, Medicine, Law, Architecture, etc.
Safety deposit/vault use lease agreements.
Cinema and theater productions related use lease agreements. Call our law offices at (212)–922–0005
Lease agreements modifications.
Cancellation of real property lease agreements.
Cancellation of commercial lease agreements.
Gas station and related use lease agreements.
Food establishment and related use lease agreements. Call our law offices at (212)–922–0005
Liquor store and other related use lease agreements.
Parking space and garage related use lease agreements.
Church and related use lease agreements.
Synagogue and related use lease agreements.
Hinduism temple and related use lease agreements. Call our law offices at (212)–922–0005
501 (c) 3 organization and related use lease agreements.
Lease agreement contracts with option to purchase clause.
Tax favored lease agreements.
Agriculture and related use lease agreements.
Poultry related use lease agreements. Call our law offices at (212)–922–0005
Mineral rights related use lease agreements.
Laboratory and medical testing related use lease agreements.
Buffet-style restaurant use lease agreements.
Landlord-focused and customized lease agreements.
Construction project centered lease agreements. Call our law offices at (212)–922–0005
Co-op lease agreements.
Condo-type building premises lease agreements.
Condo co-op building premises lease agreements.
Two family dwelling lease agreements.
4-plex property lease agreements. Call our law offices at (212)–922–0005
Mixed-use property lease agreements.
Industrial use property lease agreements.
Postal office box related use lease agreements.
Carwash and other related use lease agreements.
Hair saloon and related use lease agreements. Call our law offices at (212)–922–0005
Governmental entity organization related use lease agreements.
Adults-only recreational use lease agreements, including strip clubs, Marijuana dispensaries, etc.
Co-op propriety lease agreements.
Drafting lease agreements.
Lease agreement and document review services. Call our law offices at (212)–922–0005
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.
Written By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
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.