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Landlord Tenant Law Litigation

Extra-Judicial Evictions of Commercial Tenants During COVID-19

This article addresses and updates the law 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.


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Since the publication of the authors’ article 15 years ago in the New York Law Journal titled “Self Help Evictions: The Neglected Commercial Remedy,” it has been unanimous by all lower and appellate courts that self-help evictions are enforceable. As of the time of this writing, commercial judicial evictions are banned but extra-judicial evictions such as self-help are not only being used as an effective way to evict a commercial tenant but have been the only means since the pandemic started to garner a legal eviction.

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