When is a rent acceleration clause in a commercial lease enforceable? New York's highest court, the Court of Appeals, addressed that question recently, in
Rent Acceleration Clauses in New York
When is a rent acceleration clause in a commercial lease enforceable? New York's Court of Appeals gave an answer that is unlikely to be helpful to anyone but litigators: A rent acceleration clause is enforceable unless it constitutes a penalty. The court, however, provided little guidance about when a rent acceleration clause would constitute a penalty.
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