Providing A Wide Range Of Commercial Leasing Services
At Gabor & Marotta LLC, our New York commercial property lease attorneys provide experienced representation in commercial real estate and commercial office leasing transactions in New York City. With in-depth knowledge of matters of real estate law, our lawyers understand the commercial leasing needs and issues faced by commercial property owners and business tenants.
The commercial leasing services offered by Gabor & Marotta LLC, include the drafting, review and negotiation of all commercial leases for businesses, zoning lot agreements, easements, property management agreements, and other agreements for commercial property owners and management.
We also handle commercial lease audits for business owners and developers, assist with state and local tax issues and the drafting, review and negotiation of traditional as well as special use commercial leases such as:
- Ground leases
- Triple net leases
- Office leases
- Store leases
- Loft leases
- Restaurant leases
- Shopping center leases
- Outlets
- Art galleries
- Warehouses
- Maritime leases
- Theater leases
- Personal guarantys
Protecting You And Your Business
In all commercial leasing matters throughout New York, our attorneys prepare and review each document to ensure that the language clearly defines the rights and obligations of each party and reduces the likelihood of future disputes. If you are a business with a new lease location, we can make sure that all of your agreed business terms are included in the lease document and that you are fully protected.
Our firm is able to craft new and effective solutions to commercial leasing issues of nearly every type. We will listen to your concerns and help you navigate the legal processes, including litigation if inevitable.
Questions And Answers About Commercial Leases In New York
Commercial leasing in New York involves detailed requirements and highly negotiated contract terms. Below, we answer common questions about commercial leases in New York.
Can I sublease or assign my New York City commercial lease?
Yes, but it depends on the specific transfer provisions negotiated in the lease. There is no statutory right to sublet commercial property, which is different from the law for residential property.
Most New York City commercial leases require the landlord’s written consent to sublease or assign. In addition, unless the contract has a “reasonableness” clause, the landlord can deny the request to sublease or assign without any justification.
A careful review of the lease is essential, as potential restrictions can affect operational flexibility, exit strategies and the ability to restructure a business.
What is a ground lease, and when is it used in New York?
A ground lease is a long-term arrangement in which the tenant leases land and constructs or makes improvements while the landlord retains ownership of the property. In New York, ground leases are commonly used for large-scale developments and mixed-use projects. They are also used when an owner seeks to maintain long-term control of valuable land while permitting a tenant to develop it.
Ground lease agreements require precise drafting of reversion rights, improvement ownership, rent resets, casualty and condemnation provisions, and termination mechanics. The level of detail is essential because the financial and operational stakes are significant. Parties must also address how improvements are treated when the term ends and how financing will be coordinated with the landlord’s retained interest.
Do I need a Certificate of Occupancy for a New York commercial lease?
Yes. A valid Certificate of Occupancy (C of O) issued by the state’s Department of Buildings establishes the permitted use and occupancy classification of a commercial space. It also confirms the layout that has been approved for lawful operation. Before signing a lease, verify that the C of O authorizes the intended operations. An incorrect or outdated certificate can delay opening, trigger enforcement actions or require costly alterations.
If the existing C of O does not match the planned use, you may need a new or amended certificate, a change-of-use application, or approvals for zoning or building code compliance. Landlords and tenants often negotiate responsibility for these approvals and for addressing any required upgrades.
Contact Our New York Attorneys
We are prepared to help your business with all of its commercial lease agreement needs. Contact our New York lawyers online. You may also call our Manhattan office at 212-349-1200 or our Staten Island office at 718-390-0555.