Leasing

NY Real Estate Commercial Transactions: Leasing

Pen & Paper
Commercial leasing in New York is a high-stakes, detail-driven process that can significantly impact the value and viability of a property. Whether representing landlords or tenants, legal counsel plays a critical role in negotiating favorable terms, mitigating risk, and ensuring regulatory compliance.

Core Issues in New York Commercial Leasing

Key legal considerations in NY commercial leasing include:

  • Lease Structure: Common lease types include triple net (NNN), gross, and modified gross leases. The structure affects operating expenses, repair obligations, and rent escalations.
  • Use and Exclusivity: Precise use clauses are crucial in retail and office leases. Tenants may seek exclusivity provisions to protect their competitive position; landlords must balance this with the need for flexibility in future leasing.
  • Build-Outs and Tenant Improvements: The responsibility for construction, timing, and cost allocation should be clearly outlined in work letters or separate agreements.
  • Rent Abatement and Escalations: Rent concessions, percentage rent (in retail), and escalation clauses tied to CPI or operating expenses require careful drafting and negotiation.
  • Assignment and Subletting: These clauses determine the tenant’s flexibility and the landlord’s control. NY’s evolving market makes this a hotly negotiated area.
  • Defaults and Remedies: Remedies for nonpayment or breach should be clearly defined and specified. Landlords often seek confession of judgment clauses, while tenants want cure periods and notice requirements.
  • Regulatory Compliance: NYC-specific rules—such as Local Law 97 (carbon emissions), landmark status, zoning use group restrictions, and accessibility requirements—can significantly impact lease obligations.
  • Good Guy Guarantees: Common in NYC leases, these provide landlords with personal guaranties that are limited in scope if tenants vacate and surrender the space properly.

Each commercial lease in NY must be tailored according to property type (retail, office, industrial), location, and the leverage of the parties involved. Legal guidance assists in navigating market norms, minimizing liability, and ensuring enforceability.

Need Guidance on a New York Commercial Lease?

At Schwartz, Conroy & Hack, PC, our real estate attorneys represent landlords, tenants, property owners, and developers in all aspects of New York commercial leasing. From negotiating complex lease terms to resolving disputes involving build-outs, regulatory compliance, or assignment and subletting, we focus on strategic risk assessment and practical solutions that protect long-term property value.

If you are negotiating a commercial lease or navigating a leasing dispute, we are prepared to advise and advocate on your behalf.

CONTACT US

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I'm ready to face whatever comes next.

When I started this process 2 years ago, I could scarcely dream of being where I am today. I can’t overstate how valuable the law office of Schwartz, Conroy...

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I'm ready to face whatever comes next.

When I started this process 2 years ago, I could scarcely dream of being where I am today. I can’t overstate how valuable the law office of Schwartz, Conroy, and Hack has been in helping me overcome a desperate time in my life.  Michail Hack and Christine Kingsley in particular worked diligently to understand my complex medical situation and then expertly advised me through my claim process. They are caring and dedicated individuals.  I credit their sound guidance for the financial security I have been blessed with after my claim was approved.  I've been able to focus my time and attention on my health and my cherished family.  So far, I’m beating the odds and doing much better than my doctors predicted.  From the bottom of my heart, THANK YOU for everything!  I'm ready to face whatever comes next.

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Professional, Honest, Realistic, Compassionate!

SCH - Sincerity, Compassion, Honesty! Over the past decade plus, (when I retained) starting with the initial phone call, and consultation, not being told they would guarantee a successful outcome but being told they will fight on my behalf to the bitter end, left me feeling confident and comfortable that I had made the right decision. Over the years I've had the pleasure of interacting with many of the staff. To a person, they have all been professional and made me feel like family!!

Professional, Honest, Realistic, Compassionate! The firm is the epitome of those descriptive words.  My initial call to the firm over a decade ago - even prior to speaking to any attorney - was met with the upmost professionalism I have ever experienced dealing with any law firm. After my initial call, waiting for the attorney to return my call, I felt very comfortable retaining this firm. What I wasn't aware of at the time, was how honest they were, and how realistic they were in explaining my case to me. Whether or not, I would lose my case, I felt comfortable as well as knowing in my heart, they would fight to help me better than anyone else I could work with. Over the years, the staff, as a whole and everyone I've conversed with, has shown the utmost professionalism and compassion.

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Always Grateful

It is with great pleasure that I write this letter of recommendation to other prospective clients of Quadrino Schwartz. I was a practicing General Dentist for 15 years when I began to have trouble with neck and arm pain. I was soon diagnosed with a Radiculopathy requiring rather invasive surgery. After exploring my surgical options and the risks associated, it was decided that I would take time off work to try to recover . My single doctor very busy practice simply could not stand to be left alone for more than a few weeks and the decision to sell the practice was made. Thinking that my disability policy would cover me during this time, I simply filled out the paperwork and submitted my claim. My insurance carrier did nothing for 6 months when they decided to simply deny my claim despite extensive medical documentation of my injury. I now knew I needed a lawyer to help me. Quadrino Schwartz was hired and Michail Hack took over my case. Despite me living thousands of miles away, from the very beginning his guidance was reassuring and he quickly developed a plan of action. The law firm continued to medically document my case, took over communication with the insurance company and let me concentrate on other things. After many phone conversations and countless letters written by the firm to my insurer, Quadrino Schwartz was able to obtain all of my benefits for me including 2 years of back pay. What I know now is that I should have sought out counsel from the beginning of my claim. I would encourage any dentist to look at their options when it comes to an attorney and ask simply do they have the experience to navigate what is likely the most important case of their lives. Mr. Hack and the firm simply knew exactly how to proceed from the very beginning and did so without hesitation. Hiring Quadrino Schwartz has made a huge difference to myself and my family and I am always grateful for all the hard work they put in for my case.
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Thank you all so very much for everything that you’ve done (and continue to do) on my behalf. I selected your firm after my best friend vetted dozens of firms across the country on my behalf. It turns out to have been one of the best decisions that I’ve ever made. I wasn’t exactly at my best when we got started on my case. But you all proved to be professionals in every sense, producing great results while balancing expertise with patience and compassion. I am so very grateful and would recommend you to anyone without reservation or qualification.
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Michail Hack has been a Godsend to me and my family. When I became very sick a well-known insurance carrier denied my disability claim and refused to pay the benefit that I had purchased from my employer. I was unable to defend myself and very distraught after conferring with several law firms that were recommended by friends who were attempting to guide me. I was left without hope. Michail reviewed my situation and took the case. His professional approach and thoroughness resulted in a payment that was due from the start. Michail, his staff and their persistence were refreshing. He is a true professional. I will always be grateful for his efforts and the way he helped my family and me. He continues after 10 years to offer support and advise when needed. Thank you Michail
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Dear Michail: Thank you and your firm so much for adeptly handling my long-term disability claim. Not only were you able to overcome the initial insurance company denial but your work ultimately resulted in the insurance company buying out my claim. You and your paralegal, Ginny Wielgus, gathered and organized all of my medical evidence and wrote a beautiful brief to the insurance company where they, to my surprise, actually reversed their claim determination and started paying me. Due to the excruciating pain I live with daily, I could not continue as chief operating officer for the technology company I worked for; nor could I not muster the strength and energy required to fight the insurance company adequately. It was such a relief to have someone like you represent me in this battle.
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Applying for disability, even when the need has become obvious to both yourself and those around you, is not necessarily an easy decision. In my case it meant having to walk away from a long-term career that I loved, and, as is probably true for most people facing a disability and having to make a disability clam, a very real threat to the financial security of myself and my family had my claim been denied or unduly delayed. As an almost 30-year attorney, with considerable employee benefit law experience, I felt qualified to make and process my own claim. I was wrong. As I quickly discovered, the cruel twist to making a disability claim is that at the very point in time that you need to be at your very strongest, physically, emotionally, and financially, to protect your rights and the financial security of your family, you find yourself at your weakest and most vulnerable. It can be a very lonely and frightening time. The attorneys and staff at the Schwartz Law Firm understood this. Phone calls and emails were responded to in a prompt manner. My attorney was always available, even on short notice, to discuss my concerns. The attorneys and staff at Schwartz Law worked tirelessly with both my employer and medical care providers to both establish and file my claim, and got it approved in a timely manner. Not only the legal advice, but the practical advice I received from Schwartz Law, based on their decades of representing disability clients, proved invaluable. The best advice I could give anyone facing a similar situation is that you do not have to go it alone, nor should you. You need strong, experienced, and dedicated legal counsel to fight for your rights and the financial security of yourself and your family. I found that at the Schwartz Law Firm, and will be forever grateful for their assistance during a very difficult time in my life.
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