Ezratty, Ezratty & Levine LLP
New York Commercial Lease and Eviction Attorneys
Representing Commercial Property Owners in New York
Owning and leasing commercial property can be a lucrative venture in New York. However, if you do not have the proper legal safeguards in place, having the wrong type of tenant can quickly drain your resources. At the law firm of Ezratty, Ezratty & Levine, we assist commercial landlords in every step of the leasing process, from drafting an effective lease agreement to evicting a commercial tenant, if necessary.
If you own commercial property in New York and need legal assistance, please do not hesitate to contact our office to discuss our legal services today.
Commercial Lease Drafting, Review, and Negotiation
The lease agreement is an extremely important legal document that governs the landlord-tenant relationship—and commercial leases can be particularly complicated. Too many landlords use the same boilerplate lease agreement for each property they own. This is a mistake, as each property and commercial tenant will present particular unique factors that should be addressed. By simply reusing the same agreement—or using a lease that is too basic or a blank form—you are putting yourself at risk of liability or of not having your rights properly protected.
You want to make sure that you select the right commercial tenant for your space, so you also want to ensure that you properly solidify the terms of the tenancy. This is especially important since businesses can be tenants for long periods of time. You need a lease that protects you but that also is beneficial for the business so you do not constantly have to search for new tenants.
The legal team at Ezratty, Ezratty & Levine have worked with commercial landlords—who own properties of all sizes and types—to draft effective lease agreements that are specifically tailored to the property and tenant at hand.
Of course, one of the major issues involved in any commercial lease is the amount of rent to be paid and when. Generally, commercial properties tend to be priced by square footage. This may seem like a consistent measurement, however, too many landlords neglect to consider improvements or remodels that they conduct in between tenants. Even a simple change can alter the square footage of your property, and recycling an old lease agreement can mean you may be underpaid for the use of your property.
Commercial leases also cover significantly more ground than rent and the steps to take if the tenant fails to pay rent. A major part of a New York commercial lease will address who is responsible for certain repairs and operating expenses of the property. There are different kinds of leases when it comes to sharing costs, including the following:
● Full Service Gross Lease
● Modified Gross Lease
● Single Net Lease
● Double Net (or Net-Net) Lease
● Triple Net Lease
Each one of these lease types can have many implications regarding your costs as a property owner and the responsibilities of the tenant throughout the lease. They can be complicated and difficult to differentiate, so you should always review all of the benefits and drawbacks of each option with an experienced commercial lease lawyer before you make a decision that could impact you for years.
Some additional clauses that must be carefully considered in commercial leases include:
● Restrictive use clauses
● Permissive use clauses
● Exclusive use clauses
● Rent acceleration clauses (which can be limited by courts and should be carefully constructed)
● Personal guarantees or a “Good Guy” clause
Often, you can negotiate with a tenant to include or eliminate certain terms so the lease is mutually beneficial. Our attorneys can advise you on common commercial leases and carefully and effectively draft the final agreement to be signed. We draft enforceable lease agreements that protect your rights. Do not risk entering into a binding and possibly long-lasting agreement without first obtaining important legal guidance.
In some situations, no matter how high-quality your lease agreement may be, a commercial tenant will still breach the agreement to your detriment. Most often, such a breach involves the non-payment or inadequate payment of rent as agreed in the lease. Unpaid rent can put stress on your finances quickly and it is important to take swift action to mitigate your losses.
As with residential tenants, commercial landlords must follow certain procedures to evict a tenant prior to the lease expiration. First, there must be grounds for an eviction, which may include:
● Failing to pay rent
● Being a public nuisance or a nuisance to other tenants
● Remaining in the commercial space after the lease had expired
● Use of the premises inconsistent with the terms of the lease
● And other serious violations of the terms of the lease
Once you have grounds for an eviction, you must take steps to obtain a court order to complete the process. No landlords can use force or threats to remove a tenant in New York. In some cases, your attorney may be able to reach out to a commercial tenant to negotiate a solution that avoids an eviction. However, if a tenant is unwilling—or unable—to cooperate, you will likely have to turn to the court system and initiate a summary proceeding to recover possession of your commercial property.
Commercial tenants are allowed fewer defenses against an eviction than residential tenants, but this does not mean that the eviction process is simple. While minimum housing standards or other residential laws do not come into play in a commercial eviction, obtaining an eviction can still be complicated. It is important to have the assistance of an attorney who fully understands the process and who can closely adhere to all of the guidelines and requirements of a summary proceeding so that the eviction can be completed in a timely manner and you can recover and re-lease the commercial space as soon as possible.
Contact a New York Commercial Lease and Eviction Attorney for Assistance
The New York attorneys at Ezratty, Ezratty & Levine understand how cutthroat the New York commercial real estate business can be. We represent commercial landlords and ensure that your rights are protected when it comes to new tenant relationships or problem tenants. There is too much on the line when it comes to your commercial property to delay in contacting a skilled real estate lawyer who understands New York law. Please contact our office online or call us at 516-747-5566 for more information today.