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

See all articles by Gerald Lebovits

Gerald Lebovits

Columbia University - Law School; Fordham University School of Law; New York University School of Law

Michael Terk

David Rozenholc & Associates

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

Suggested Citation

Lebovits, Gerald and Terk, Michael, A Guide to New York State Commercial Landlord-Tenant Law and Procedure — Part I (January 1, 2015). 87 N.Y. St. B.J. 22, February 2015, Available at SSRN: https://ssrn.com/abstract=2571084

Gerald Lebovits (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

HOME PAGE: http://https://law.columbia.edu/faculty/gerald-lebovits

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

HOME PAGE: http://law.fordham.edu/adjunct/23484.htm

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012
United States

HOME PAGE: http://www.law.nyu.edu/graduateaffairs/graduatelawyering/facultybios

Michael Terk

David Rozenholc & Associates ( email )

400 Madison Avenue
New York City, NY 10017
United States

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