Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings

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…

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Letting Go of Leases and Allowing Licenses

By: Adam Leitman Bailey & Dov Treiman May 1st, 2005 Why Licenses? Inevitably, when courts seek to readjust the balance between landowners and non-owner occupants, owners’ counsel will reach into the ancient common-law toolbox to find occupancy arrangements that give owners the panoply of rights and remedies they thought they enjoyed as landlords. In the movie Jurassic Park,  Full Article…

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Notice to Cure Wasn’t Ambiguous

Issue Date: September 2004, Posted On: 9/1/2004 Notice to Cure Wasn’t Ambiguous Acquisition America VII, LLC v. Alexis: Index No. 58270/04 (7/26/04) (Civ. Ct. NY; Fiorella, J) [6-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict rent-stabilized tenant for illegal subletting, after sending tenant a ten-day  Full Article…

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Wrong Landlord Cited

Issue Date: June 2004, Posted On: 6/1/2004 Wrong Landlord Cited Frant Hotel LLC: ECB Viol. Nos. 34388519L, 34388484K & 34384806X (5/5/04) [2-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued three violation notices on landlord’s building. The notices were addressed to prior landlord of the building. Current landlord  Full Article…

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Illegal Plumbing Installed

HIGHLIGHTS / JUNE 2004 BUILDING VIOLATIONS Issue Date: June 2004, Posted On: 6/1/2004 Illegal Plumbing Installed 435 E. 65th Corp.: ECB Viol. No. 34392444H (9/17/03) [4-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the tenant.) DOB issued a violation notice to landlord for installing illegal plumbing in the kitchen of tenant’s  Full Article…

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Building Sold Before Violation Notice Issued

HIGHLIGHTS / MAY 2003 Issue Date: May 2003, Posted On: 5/1/2003 Building Sold Before Violation Notice Issued Palmer: DOB Violation No. 34371128N (3/24/03) [1-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued a violation notice to landlord. Landlord claimed it didn’t own the building at the time the  Full Article…

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Permit Not Required for Container

IssueDate:November2002, Posted On: 11/1/2002 Permit Not Required for Container Erica Lee Corp.: Viol. No. 109819454 (7/6/00) [1-pg. doc.] (Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, PC, attorneys for the landlord.) DOS issued a violation notice to landlord for not posting a permit for a 30-yard container. Landlord  Full Article…

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