Navigating Commercial Leases

Leases are a necessary and intricate piece of commercial business. However, lease agreements can be complex, and people often get taken advantage of or don’t understand what they have agreed to. It is imperative that you get trusted legal counsel to guide you through the commercial lease process. It doesn’t matter if you are a landlord of a renter, our firm has the experience you need to protect your rights.

We represent property owners or businesses in the leasing of office, retail, warehouse, manufacturing or other commercial space. We go beyond a cookie-cutter lease agreement to address many potential issues that can later blow up into expensive legal conflicts, such as right of first refusal, subleasing, maintenance, taxes and services.

We also represent commercial tenants facing eviction from their long-term place of business because the building is being sold; the change in location can have a devastating impact on profitability. We also represent commercial landlords who have to enforce lease provisions or file suit to collect back rent or initiate eviction. IF necessary we do go to court, but can often work out mutually acceptable solutions to rent disputes or lease violations.

Reach out to our commercial lease lawyer today to discuss your matter.

Helping You Navigate Confusing Lease Issues

Our legal team can walk you through any type of commercial lease, ensuring your rights and best interests remain completely protected. We handle lease agreements and know how to take on even the most challenging legal documents and disputes. It is unfortunate lease agreements are not always as straightforward as they appear to be. If you are unsure about exactly what is happening within your contract, you need to contact a trusted legal professional. Our firm can help you create a viable solution if you are not happy with your lease or draft a strong agreement to ensure no issues crop up down the road.

Get the Counsel You Need from the Very Beginning

Our firm prides itself on providing thorough representation to each and every client that walks through our doors. We also understand that every case is unique and always work tirelessly until the best possible outcome is achieved. Don’t try to resolve matters on your own—let our firm do the heavy legal lifting for you.

Contact Kohina Law Firm, PLLC,  today for help with your commercial lease. Protect your interests in a commercial lease agreement or commercial real estate transaction.

To learn more about how we can help you with your real estate matters or concerns, please call us at 212-202-0489 or email Kohina Law Firm PLLC, to arrange an appointment at one of our locations in New York City or Brooklyn.

Serving New York City and The Surrounding Counties.

At Kohina Law Firm, PLLC, we strive to provide knowledgeable advice and representation to clients throughout New York City and the surrounding counties including Westchester, Nassau, Suffolk and Rockland. Regardless of whether you are a first time homebuyer or an experienced real estate investor, real estate attorney David Kohina will give you the one-on-one personal service you deserve.

Why Hire Me?

Superior Service and Personal Attention.

When you hire me, your interests lie in the hands of a highly capable, experienced, real estate attorney. I devote more time and energy to each of my clients than most law firms do. Unlike other firms where the majority of the work and most communication is completed and directed to a paralegal or secretary, I will personally be working with you to close as quickly as possible without any miscommunication. When you call my office, you will be able to reach me because I pick up my own phone. And if by chance, you leave a message, I guarantee to return your call within 24 hours, with most calls returned by the end of the day.

Superior Turn Around Time 

We will provide excellent professional customer service, open and first-rate communication, prompt title searches and reviews, accurate documentation, and timely disbursement of documents and funds.

Reasonable Rates 

It’s really very simple – I help you achieve your goals more efficiently and more economically than many other law firms. I do this by offering comparatively low fixed rates, through experience, and through first-hand attention to every aspect of your real estate matter.

A Commitment To Client Service

I want you to feel that the value of my services exceeds the cost of hiring me as your lawyer. In many cases, it is actually less expensive to retain an attorney earlier in your case rather than later. By becoming involved early on, I can help you handle your legal matter quickly and efficiently while avoiding some of the mistakes that can become costly.

Many of my clients appreciate my commitment to their success, my responsiveness to their concerns and my strong record of producing results.

Contact Me

I believe that maintaining strong communication with clients is essential to getting the best possible result in each and every case. When you work with me, your case will not be handed off to an assistant or an associate. I will work on every aspect of your case from start to finish.

I pride myself on being available to my clients when they need me.

To arrange your free consultation with a competent real estate attorney in New York City please contact me at 212-202-0489.  

What we do to help you!

One of the most important decisions you will make in the buying process is the attorney that you choose to represent you in your real estate transaction. Your attorney is the only party who will be working solely for your benefit during the buying process.

In representing prospective homebuyers and home sellers, we provide a wide range of residential real estate services and functions, including:

  • Review Deal Sheet.
  • Drafting of Residential Contract of Sale.
  • Reviews and negotiates the Contract of Sale;
  • Oversees the process of your purchase, i.e., complying with the terms and conditions of the contract;
  • Coordinates the closing of title among all parties and the mortgage loan with your lender.
  • Reviewing of Building Department Records
  • Reviewing Surveys and Building Plans
  • Reviewing Offering Plans
  • Reviewing any outstanding violations from the Department of Housing, Preservation and Development
  • Reviewing Legality of All Structures on the Property
  • Reviewing whether there are any unpaid water or real estate or franchise taxes, judgments, liens, ECBs, municipal violations
  • Reviews the Report and Abstract of Title
  • Real Estate Refinancing
  • Payoffs or Assignments of Mortgage
  • Power of Attorney for any real estate transactions
  • Deed transfers
  • Title and Lien Search review
  • Drafting of Offering Plans
  • Free Closing Cost Estimate
  • Title Insurance Claims and Purchase
  • Dismissal of Liens, Mortgages
  • Building permits and requests for variances or exceptions
  • Condominium conversions, representation of condominium associations and unit owners, governance, and resolution of disputes

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Frequently Asked Questions

It is required that the couple should have met at least once during the two years prior to filing the fiancé petition. If there were ways to get around this, then it would not be a “requirement.” For those couples who have never met, there is an exception.

However, the Immigration and Nationality Act does allow for an “extreme hardship exception”: “if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary’s foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day.” INA § 214.2(k)(2). Waivers such as these are rarely granted by the USCIS because so few couples have been able to meet the stringent requirement of extreme hardship. However, we use USCIS’ “case by case” determination to make a unique argument that rises to the level of “extreme hardship.”

You need to only prove U.S. citizenship, intention to marry within 90 days, eligibility to marry, that you met within the last 2 years (strict requirement), or a waiver of the same,

Legally, yes, but you will need to retain an attorney. Think about it; your U.S. citizen fiancé submitted a petition for you, then months later, more documents were filed with NVC, then you attended an interview during which you proved that you were going to marry this fiancé.

After all of this, the relationship broke (either before or subsequent to your entry into the U.S. but before the 90-day deadline to marry) and during this time, you already met someone new, and reached a serious point in the relationship that both of you want to get married and the U.S. citizen wants to file for your green card.

Yes. You need to do so ASAP since you are in the U.S. unlawfully and Immigration and Customs Enforcement have a right to initiate removal proceedings against you.

The Department of State’s Foreign Affairs Manual (FAM) interprets INA 101(a)(15)(K) to mean that a foreign national fiancé can apply for and obtain a nonimmigrant visa under another classification, if the foreign national can meet the qualifications of that visa. So a foreign national fiancé who is traveling to the U.S. to marry a U.S. citizen can apply for and receive a B-2 visitor visa if he or she can prove that he or she will depart the U.S. after the marriage. Of course, practically speaking, consular officers and especially Customs and Border Patrol (CBP) may not be convinced that the foreign national intends to depart after the marriage.

The K-1 visa allows a fiance to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States.

As a K-1 visa holder, you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document).

The child of a fiance may receive a derivative K-2 visa from his/her parent’s fiance petition. You, the American citizen petitioner, must make sure that you list the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiance or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiance within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried and under 21. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

You can instead give USCIS the following secondary evidence. However, USCIS may request in writing that you obtain a statement from the appropriate civil authority certifying that the needed document is not available. Any evidence submitted must contain enough information, such as a birth date, to establish the event you are trying to prove.

  • Baptismal Certificate
    A copy, front and back, of the certificate under the seal of the church, synagogue or other religious entity showing where the baptism, dedication or comparable rite occurred, as well as the date and place of the child’s birth, date of baptism and names of the child’s parents. The baptism must have occurred within two months after the birth of the child.
  • School Record
    A letter from the school authority (preferably from the first school attended), showing the date of admission to the school, child’s date or age at that time, place of birth and the names of the parents.
  • Census Record
    State or Federal census record showing the name(s), date(s) and place(s) of birth or age(s) of the person(s) listed.
  • Affidavits
    Written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event. For example, an event such as a birth, marriage or death. The persons making the affidavits may be relatives and do not have to be citizens of the United States. Each affidavit should contain the person’s full name and address, date and place of birth, and relationship to you and must fully describe the event and explain how he or she acquired knowledge of the event.