Commercial Tenancies

We represent commercial tenants and protect and enforce their rights concerning the services to which they are legally entitled and their right to operate their business at the rented premises without unlawful interference by their landlord.

Commercial tenants have the legal right to receive all services set forth in their lease. Unlike residential tenancies, commercial leases are generally enforced as written, but certain clauses are limited by law. For example, provisions that exempt a landlord from its own negligence are void, unconscionable terms may be struck down, and since 2019 landlords cannot require tenants to waive their right to bring a declaratory judgment action in court.

A landlord may not forcibly remove a commercial tenant from the rented premises. A commercial tenant has the right to remain in possession unless lawfully removed through a judgment of possession after a trial or hearing. Although New York law recognizes limited “peaceable self-help” re-entry where expressly reserved in the lease, any use of force or unlawful re-entry exposes the landlord to liability.

There are three basic types of commercial eviction summary proceedings:

1. Nonpayment Proceeding – In this proceeding a landlord seeks to evict a commercial tenant for failure to pay rent.
2. Holdover – No Fault Proceeding – In this proceeding, a landlord claims entitlement to possession because the lease has expired or no lease is in effect and a proper Notice of Termination has been served. No tenant misconduct is alleged.
3. Holdover – Fault Proceeding – In this proceeding, a landlord alleges that the commercial tenant has violated a substantial obligation of its tenancy, such as unauthorized subletting, illegal activity, unapproved alterations, or violations of the Certificate of Occupancy. If a tenant receives a Notice to Cure, the tenant may apply to Supreme Court for a “Yellowstone Injunction.” This stay tolls the cure period and preserves the tenancy while the court determines whether the alleged violation is valid, giving the tenant the opportunity to salvage its leasehold.

We are experienced Commercial Tenant Attorneys and have successfully represented tenants in lease negotiations, in Landlord-Tenant Court, and in Supreme Court, including Yellowstone applications. We have defended thousands of eviction proceedings. We offer complimentary consultations and invite you to schedule a no-obligation consultation by calling us at 212-921-1600.