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Showing posts with label leases. Show all posts
Showing posts with label leases. Show all posts
Friday, March 06, 2020
Monday, January 27, 2020
For a long time, real estate brokers on Long Island drafted leases for their clients, the landlords. As time passed, these brokers became educated about the illegality of this act and decided to stop committing a felony or being subject to having their license revoked. However, real estate brokers often couldn’t help themselves. They needed to connive another scheme to have the leases drafted for them, rather than simply referring their clients to attorneys as the law required. So, many real estate brokers have found unethical attorneys to draft their leases while the brokers pay such attorneys directly while controlling the representation. Simply, these attorneys are answerable to the broker, not the client.
This article by Andrew Lieb, Esq. published in The Suffolk Lawyer discusses how the unethical attorneys should be checking their mailbox for a letter from grievance.
Tuesday, July 05, 2016
Andrew Lieb discusses suffolk county lease requirements in his latest article Hamptons Real Estate Law: Never Overlook the Lease, featured in Dan's Papers.
Wednesday, December 10, 2014
Residential leases are now required to contain a notice to tenant(s) concerning the existence of sprinkler systems.
“Sprinkler system” shall mean a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread.
See Executive Law 155-a.
Read the new law at Real Property Law 231-a.
The law specifically requires:
“Sprinkler system” shall mean a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread.
See Executive Law 155-a.
Read the new law at Real Property Law 231-a.
The law specifically requires:
- Notice in bold face type;
- Notice that a maintained and operative sprinkler system in the leased premises is in - EXISTENCE OR NON-EXISTENCE; &
- The last date of maintenance and inspection of any EXISTING sprinkler system.
The Bill's Justification states that "According to the Fire Sprinkler Initiative, the availability of smoke detectors, coupled with a maintained and operative sprinkler system installed in a residence, decreases the risk of dying in a fire by over 80%."
As a person that is into living, that statistic is jaw-dropping in support of the existence of sprinklers in residential housing. At the least, this new law provides tenants with the knowledge to make an informed choice as to whether to live in a premises without a sprinkler system.
Real estate professionals should now immediately throw out any of their old leases and make sure to have a new residential lease prepared that complies with Real Property Law 231-a. Also, cooperative boards must not forget that they are leasing property as well. So, cooperatives that amend their proprietary leases must comply with RPL 231-a or risk the lease being held void.
Monday, October 20, 2014
The Appellate Division recently addressed a situation where a guaranty accompanying the original lease was enforced post-modification of that underlying lease in 4 USS LLC v. DSW MS LLC where the court ruled that the Guarantee could "recover under the terms of the lease, prior to its modification".
This means that where you make a deal to modify the terms of your lease, you may still be personally liable under the old guaranty for past breaches of that previous lease.
The takeaway from this case is to address the guaranty documents in the modification documents and expressly state the intentions of the parties as to past breaches and their enforceability post-modification.
Real estate agents often only think about getting the functional results that their clients expressly state accomplished - this case is a reminder of the necessity to clean up the past before emerging into the goals stated by your clients for the future.
Otherwise, the past can come back to bite you.
This means that where you make a deal to modify the terms of your lease, you may still be personally liable under the old guaranty for past breaches of that previous lease.
The takeaway from this case is to address the guaranty documents in the modification documents and expressly state the intentions of the parties as to past breaches and their enforceability post-modification.
Real estate agents often only think about getting the functional results that their clients expressly state accomplished - this case is a reminder of the necessity to clean up the past before emerging into the goals stated by your clients for the future.
Otherwise, the past can come back to bite you.
