One of the problems facing landlords throughout NYC is the rapidly rising vacancy rate because of COVID-19. In spite of the rent stabilization laws, landlords are now competing with each other to offer their tenants better and better deals just to keep them or to entice them to rent an apartment. With the amendments to Full Article…
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Adam Leitman Bailey, P.C. Leads and Guides Owner on How to Legally Secure Possession of a Commercial Space During COVID-19
The COVID-19 pandemic gave rise to a plethora of executive orders and judicial memoranda that prohibit owners from enforcing their contractual rights against commercial tenants in default of their lease. Many New York City owners, in the exercise of good business sense and compassion, worked out deals with tenants during these harsh economic times. However, an owner’s Full Article…
Eviction During A Pandemic When Evictions Are Prohibited
When Adam Leitman Bailey, P.C.’s client came for help, it was faced with a tenant who had illegally AirBnB’d his apartment to someone believed to be dealing drugs from the apartment with no intent ever to leave. The tenant of record having returned home to Spain, there was no pressure to apply to him and Full Article…
Adam Leitman Bailey, P.C. Obtains Complete Agreement Between Landlord, Commercial Tenant, and Landlord Shareholders to Resolve Dispute Over Lease Renewal and Negotiation of a New Rent Schedule
In 2017, Adam Leitman Bailey, P.C. was approached by the President of a Landlord close corporation, whose shareholders (including the president) are all cousins, to assist in negotiating a new lease with the present Tenant of an 18 story building in mid-Manhattan, whose management had missed the deadline for exercising the Tenant’s right to renew Full Article…
Buyouts, Evictions, Negotiations, and Detective Work Lead to the Ground Work to Build a Large Condominium
Adam Leitman Bailey P.C. spent almost a year and a half buying-out tenants and evicting tenants who had violated their lease agreement for a large rent-regulated building site in Brooklyn. These tenants’ violations included illegally subletting, not using their premises as their primary residences, or chronically paying their rent late. The property owner’s goal was Full Article…
Bet The Skyscraper Negotiation
Between Covid-19 and the government’s shut down of the City of New York and its real estate, the disaster that hit New York had never been replicated before. For the skyscraper that is the subject of this case study, almost 50 percent of the commercial tenants stopped paying rent or completely moved out of the Full Article…
How to evict commercial tenants in 2021 despite the moratorium
By Adam Leitman Bailey and John M. Desiderio This article addresses and updates the law 15 years later on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants. As demonstrated below, courts continue to enforce its proper use, as it Full Article…
Post-Lease Expiration Nonpayment Proceedings
In their Housing Litigation Column, Adam Leitman Bailey and Dov Treiman write: As a general rule of thumb, when there is a definitive appellate pronouncement on a principle of law in one judicial department and the other departments are silent, the other departments will follow the departments who have spoken to the issue. However, this Full Article…
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