A Guide to New York State Commercial Landlord-Tenant Law and Procedure — Part I
87 N.Y. St. B.J. 22, February 2015
12 Pages Posted: 28 Feb 2015 Last revised: 17 Mar 2015
Date Written: January 1, 2015
Abstract
This article, the first of two parts, is a primer on commercial landlord-tenant litigation across New York State.
Contrary to popular belief among some practitioners, New York landlord-tenant law is complex and specialized. Many intricate aspects, such as rent regulation and compliance with the New York City Housing Maintenance Code, arise only in the residential context. But commercial landlord-tenant litigation is often as complicated and confusing as residential landlord-tenant litigation, if not more so, especially considering the many types of complex lease provisions common to commercial leases that rarely appear in residential leases. New York commercial landlord-tenant law and procedure is full of land mines that can quickly consume the inexperienced advocate. This two-part article is designed to make the maze of New York commercial landlord-tenant litigation easier to navigate.
Keywords: New York, commercial landlord-tenant, nonpayment, holdover, RPAPL, RPL, CPLR, summary proceeding, petition, notice of petition, rent demand
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