NY State — NY Real Property Law

§ 291-CC — SECTION 291-CC Recording modifications of leases

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 291-CC?

Quick Answer

This section establishes that modifications to recorded leases must also be recorded to be enforceable against subsequent purchasers. It outlines the necessary information for a memorandum of modification, including parties' names and lease details. Applies to property owners and tenants involved in lease agreements.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 291-CC SECTION 291-CC Recording modifications of leases

RPL § 291-CC

§ 291-cc.

1.Recording modifications of leases. Where a lease or memorandum of such lease has been recorded, an unrecorded agreement modifying such lease or memorandum is void as against a subsequent purchaser in good faith and for a valuable consideration, and the possession of the tenant shall not be deemed notice of the modification, unless the agreement of modification or a memorandum thereof is recorded prior to the recording of the instrument by which the subsequent purchaser acquires his estate or interest.

2.A memorandum of an agreement modifying a lease shall contain at least the following information with respect to the agreement: the names of the parties and the addresses, if any, set forth in the agreement; a reference to the agreement with its date of execution; a brief description of the leased premises in form sufficient to identify the same; any changes made by the agreement in the term of the lease and the date of the termination of the lease as modified, and any changes in the provisions of the lease as to the rights of extension or renewal.

3.For the purpose of this section the word "purchaser" includes a person who purchases or acquires by exchange or contracts to purchase or acquire by exchange the leased premises or the real property of which the leased premises are part or any estate or interest therein, or acquires by assignment the rent to accrue from tenancies or subtenancies thereof in existence at the time of the assignment.

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