Part One of a Two-Part Article
This article contains some of the lesser-known, creative clauses used to ensure either payment of rent and compliance, or a swift eviction of the commercial tenant. They are what the authors call "tools of the effective default clause."
Good Guy Guarantees are intended to protect landlords against defaulting and insolvent commercial tenants. However,iIn Bri Jen Realty Corp. v. Altman, New York's Second Appellate Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after the tenant surrendered the premises.
In-depth analysis of a case involving a landlord's consolidated holdover proceedings against a charitable institution leasing four residential apartments.
Over the past 20 years, the rise of email as a generally-accepted medium of business communication has prompted the law to allow certain contracts, including leases, to be entered into electronically, without a handwritten signature. This article addresses recent developments and the present state of the law with respect to commercial leasing and electronic media.
With increasing frequency, requests for emotional-support and service animals in housing lead to disputes under the Federal, State and City Discrimination Laws that protect the disabled. The requests are often mishandled by either the housing provider, the disabled person or both.
In-depth analysis of several pivotal rulings.
Good Guy Guarantees are designed to ensure that defaulting commercial tenants leave the premises promptly, avoiding loss of rental income to landlords. However, in Bri Jen Realty Corp. v. Altman, the Second Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after tenant surrendered the premises.
Discussion of two recent cases.
Cases involving an air stripped in a park, and failure to maintain a landmarked building.
