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Seven Secrets to Drafting An Effective Commercial Lease Default Lease

An effective commercial lease will dictate the future relationship between a commercial landlord and tenant. The more clauses forcing the commercial tenant to comply with its obligations, the better chance the landlord will have in not only have a successful relationship but also ensuring that the rent is paid and the tenant behaves. Below are  Full Article…

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“Tenant Protection: Suggestions Offer Remedies for Harsh provisions,” New York Law Journal

By Adam Leitman Bailey and John M. Desiderio During the last five years, the pendulum of commercial leasing has begun to swing. At common law, the doctrine of “caveat emptor” governed commercial leasing. By the 1970’s, New York courts, relying on equitable principles, began to carve out exceptions to caveat emptor. 1 Equity gained greater  Full Article…

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Self-Help Evictions: The Neglected Commercial Remedy, The New York Law Journal

By Adam Leitman Bailey and John M. Desiderio August 10th, 2005 Where the right to do so is expressly reserved in a commercial lease, a landlord may reenter the leased premises peaceably, without resort to court process, upon termination of the lease or upon the commercial tenant’s defaulting on payment of rent or other lease  Full Article…

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Commercial Property Landlords May Entirely Eliminate Leasing

By Adam Leitman Bailey and John M. Desiderio Commercial landlords need relief. They are, and have been increasingly, frustrated by the procedural and substantive moves that determine (more often than not) the scope and duration of an eviction action in landlord-tenant litigation. A knowledgeable commercial tenant’s attorney, without any great effort, will readily employ defensive tactics  Full Article…

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In The Spotlight: Negotiating a Rooftop Antenna Contract

By Adam Leitman Bailey and Dov Treiman As real estate values rise, building usage change, and cell phone and Internet communications become universal, wireless telecommunications companies have become popular defendants in civil court. In certain instances, owners are examining their rooftop antenna agreements to determine if they can terminate them. Many of these owners wanted  Full Article…

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