We represent commercial tenants and protect and enforce their numerous rights concerning the services to which they are legally entitled and their right to operate their business at the rented premises without interference by their landlord.
Commercial Tenants have the legal right to receive all services set forth in their lease. Unlike residential tenancies, the law does not disregard clauses which are unreasonably favorable to landlords. The rationale is that in negotiating the lease in question, both the landlord and tenant are equally sophisticated and have equal bargaining power.
A landlord may not force a commercial tenant to vacate the rented premises. Commercial Tenants have the right to remain in their premises unless they are ordered out by a judge after a trial or hearing.
There are basically two types of commercial eviction summary proceedings.
- Nonpayment proceeding-In this proceeding a landlord attempts to evict a commercial tenant for nonpayment of rent.
- Holdover-No fault-proceeding-In this proceeding, a landlord is claiming that it is entitled to possession of the commercial premises due to tenancy expiration. This type of action does not allege that the tenant engaged in any wrongdoing. This action can only be maintained in connection with upon lease expiration OR if there is no lease currently in effect and a Notice of Termination has been served.
Holdover-fault proceedings- These are proceedings in which a landlord claims that its commercial tenant violated a substantial obligation of its tenancy, i.e. Subleasing, illegal activities, unauthorized renovations, violation of Certificate of Occupancy, etc. If a commercial tenant receives a Notice to Cure as a prerequisite to a Holdover Proceeding, due to the peculiarities of commercial landlord and tenant law, it is necessary that the tenant apply to the Supreme Court for a “stay”. The stay a tolls the time to cure the alleged breach of lease until a determination can be made by the court as to whether or not the commercial tenant has violated the lease. By obtaining a Supreme Court stay the tenant is given the opportunity to attempt to salvage its commercial tenancy. This type of stay is often referred to as a ‘Yellowstone Injunction”.
We are very experienced Commercial Tenant Attorneys and have successfully represented Commercial Tenants in numerous situations, including lease negotiations, in Landlord and Tenant Court and in Supreme Court. We have defended thousands of eviction proceedings. We offer complimentary consultations.
Please contact our office at 212-921-1600 to schedule a complimentary no-obligation consultation.