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…
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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…
Commercial Tenant Harassment in New York City—Questionable Medicine
October 25th, 2016 By Adam Leitman Bailey and Dov Treiman Effective September 26, 2016, New York City adopted an ordinance giving commercial tenants a cause of action against their landlords for “harassment.” Clearly modeled on a similar law adopted in favor of residential tenants some few years ago, the authors of this bill may not Full Article…
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…
Owners Should Never Gamble With Liquidated Damage Clauses
By: Adam Bailey and Dov Treiman January 14, 2015 Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce certain results in the event of an uncertain future. Chief amongst these Full Article…
Court Grants License To Change Licensing Law Rules
By: Adam Leitman Bailey & John M. Desiderio August 13th, 2014 Since at least as early as 1849, in the case of Dolittle v. Eddy,1 New York law has defined a license as the “authority to enter on the lands of another, and do a particular act or series of acts, without possessing any interest Full Article…
Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings, Commercial Lease Law Insider
By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base Full Article…
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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