This office lease form is an audit provision by the tenant. The landlord shall provide to the tenant with calculations of costs and detailed along with the average building occupancy for the year. The tenant shall have the right, at its own cost and expense to audit or inspect the landlord's detailed records each year with respect to building operating costs, as well as all other additional rent payable by the tenant pursuant to the lease for any lease year.
New York Tenant Audit Provision - Pro-Tenant Perspective
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Tenant shall have the right to audit the current year's expense statement issued by or on behalf of Landlord by written notice given to Landlord within 60 days after receipt of that statement. Such audit shall be conducted in the offices of Landlord's property manager at the cost of Tenant.
If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.
However, if landlords restrict a tenant's use unreasonably, it may constitute a breach of quiet enjoyment. Absence of Basic Services ? When utilities are included, or the landlord is responsible for payment and fails to do so, this is a major issue.
Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.
Quiet enjoyment is an implied provision ? an invisible clause ? that imposes an obligation on the LANDLORD to benefit the tenant/lessee. The covenant requires the landlord to provide the tenant/lessee with ?quiet and peaceable? possession of the leased premises.
A percentage lease requires commercial tenants to pay to the landlord a set percentage of gross revenue earned from business conducted at the leased premises. This percentage is added on top of a base rent, but the base will be set lower than it would be on a standard lease, making it attractive to tenants.
Lease audits go over any information needed to verify the accuracy of your charges, locate discrepancies, and determine whether you're owed any compensation. They can include the terms of the lease itself, additional relevant documents, and the physical property space.
SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS FOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS MOVING TO A RESIDENCE OF A FAMILY MEMBER OR ENTERING CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUSING PROJECTS. Who is eligible?