Landlord Tenant Law

A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.

Commercial landlords should consider the steps they can take when drafting and negotiating their commercial leases to minimize the adverse impact of the claim cap in the event of a tenant bankruptcy and ensuing lease rejection.

Many landlords are loyal to their tenants and only increase rates at the end of the current lease. Others take a more aggressive approach. They actively find creative ways using lease restrictions to evict tenants. While this isn't necessarily fair, it is legal.

Many in commercial real estate, especially relatively new to the industry and without extensive previous experience, are making use of leverage in ways that are problematic under the higher interest rates the Fed has instigated to head off inflation.

The Appellate Division Second Department recently issued a landmark ruling in Sapp et al v. Clark Wilson et al concerning two hot button issues; namely illusory subtenancies and status of transitional occupants.

Local Law Prohibiting Drive-Through Windows Requires Full Environmental Assessment Form Area Variance Denial Upheld Redevelopment Project Did Not Transfer Inalienable Parkland Town Board Took Requisite Hard Look At Environmental Impact of Mixed-Use Development Court Rejects Claim of Conspiracy to Violate Vested Rights

In Tri-Outdoor v. Keyser, the Pennsylvania Superior Court recently addressed whether a tenant could specifically enforce a right of first refusal provision contained in a lease agreement where the landlord sold the leased premises to a third-party purchaser.

Buyer's Anticipatory Repudiation Results In Forfeiture of Down Payment Constructive Trust Claim Supports Notice of Pendency