Owning commercial property in New York is a great achievement and a complex undertaking. From Manhattan skyscrapers to small retail spaces in upstate towns, each piece of commercial real estate carries not only financial opportunity but also a web of legal responsibilities and rights. Whether you’re a seasoned investor or a first-time property owner, understanding your legal standing is critical to protecting your investment and ensuring long-term success.
New York’s commercial real estate market is governed by a unique blend of local regulations, state laws, and federal mandates. Given the potential cost of legal missteps, retaining a trusted authority in real estate law like Nativ Winiarsky is not just advisable; it is essential. In this article, Partner Nativ Winiarsky of Kucker Marino Winiarsky & Bittens breaks down key rights and responsibilities for commercial property owners in New York and offer high-level insights into how you can protect your property and your profits.
- You Have the Right to Lease Your Property—But Within Legal Bounds
As a commercial property owner, you have the right to lease your space to tenants of your choosing, whether that be a single business or multiple tenants under a shared arrangement. Mr. Winiarsky recognizes that this right is regulated by numerous legal requirements that can vary depending on your location and property type.
Tips:
- Always use a lease agreement tailored to New York laws. Generic lease templates may omit critical provisions.
- Be aware of anti-discrimination laws under both state and federal statutes.
- Include clearly defined terms related to rent, maintenance, use of space, renewal options, and dispute resolution.
Working with Nativ Winiarsky ensures your leases are not only legally enforceable but also strategically advantageous.
- You Have the Right to Enforce Lease Terms
Once a lease is signed, you are entitled to enforce its provisions—whether it’s collecting rent, requiring property upkeep, or preventing unauthorized use of the premises. However, enforcement must follow legal procedures, especially in cases of eviction or breach of contract.
Tips:
- Familiarize yourself with New York’s legal eviction process, which can be slower and more tenant-friendly than in other states.
- Document all interactions and violations before initiating legal action.
- Never engage in “self-help” evictions (e.g., changing locks or shutting off utilities), which are illegal and could result in lawsuits.
With counsel from Nativ Winiarsky, you can approach enforcement confidently and legally.
- You Have the Right to Renovate and Maintain the Property
Commercial property owners are free to make improvements to their buildings, but this right is often subject to zoning restrictions, historic preservation rules, and building codes. Mr. Winiarsky explains that commercial leases typically define who is responsible for maintenance and capital improvements.
Tips:
- Obtain all required building permits before initiating renovations.
- Notify tenants in advance of disruptive construction or upgrades.
- Review local zoning codes and work with your lawyer to determine permissible uses or renovations.
Zoning law in New York is complex, and Mr. Winiarsky provides critical guidance to avoid costly violations or delays.
- You Have the Right to Sell or Transfer Ownership
As the owner, you have full authority to sell your property, transfer it into a trust, or restructure ownership as part of an investment portfolio. However, if you have tenants, lease obligations remain enforceable regardless of ownership changes.
Tips:
- Review leases for “right of first refusal” or “notice of sale” clauses.
- Ensure clean title and resolve any liens or encumbrances beforehand.
- Consider tax implications of the sale and consult both legal and financial advisors.
- You Have the Right to Protect Yourself from Liability
Owning property also means exposure to legal liability, from slip-and-fall claims to environmental hazards. Protecting yourself requires proper insurance, legal structuring (such as LLC ownership), and vigilance in maintaining a safe environment.
Tips:
- Keep your property in compliance with OSHA and ADA (Americans with Disabilities Act) requirements.
- Regularly inspect for safety issues like broken stairs, poor lighting, or inadequate signage.
- Require tenants to carry liability insurance and name you as an additional insured.
With Nativ Winiarsky’s guidance, you can protect your property from unnecessary legal exposure.
- You Have the Right to Be Informed
Perhaps your most important right is the right to be informed. Staying ahead of regulatory changes, market trends, and legal shifts is essential in New York’s fast-paced real estate landscape.
Tips:
- Join local property owner associations for updates on zoning, development, and compliance.
- Subscribe to legal briefings and newsletters from trusted law firms.
- Schedule annual legal reviews to audit leases, contracts, and risk management protocols.
Mr. Winiarsky and his team at KMWB offer tailored legal support to keep you informed and empowered year-round.
Your Rights Are Your Shield—Use Them Wisely
Owning commercial real estate in New York is both a privilege and a responsibility. Understanding your rights allows you to make confident decisions, enforce legal protections, and strategically grow your investments. But knowledge alone isn’t enough; implementation is key. Whether you are dealing with lease negotiations, zoning disputes, or liability protection, Nativ Winiarsky is here to ensure your rights are respected and your assets are secure.
