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When Your Landlord Won't Make Repairs: Emergency Legal Remedies for Commercial Tenants in New York
Commercial leases in New York are heavily negotiated documents, and they typically allocate repair and maintenance responsibilities between landlords and tenants with considerable specificity. Landlords are generally responsible for the building's structure, roof, HVAC systems, plumbing, electrical infrastructure, and common areas. Tenants are generally responsible for the interior of their demised space. When a landlord fails to fulfill those obligations -- allowing a roof to leak, an HVAC system to fail, or electrical service to remain dangerously inadequate -- a commercial tenant can face serious consequences: operational disruption, lost revenue, damage to inventory or equipment, and in some cases an inability to use the space at all.
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Yellowstone Injunctions in New York: A Commercial Tenant's Best Friend -- and a Landlord's Headache
If you are a commercial tenant in New York who has received a notice to cure a lease default, you may be facing one of the most stressful moments in the life of your business. A notice to cure starts the clock. If you do not cure the alleged default within the time specified -- typically ten to thirty days -- your landlord can serve a notice of termination, and from that point you may be one step away from losing your space. For many businesses, losing a lease means losing everything.
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Five Things Every Condo Board Should Know Before Commencing a Foreclosure Action for Unpaid Common Charges in New York
Unpaid common charges are a persistent challenge for condominium boards across New York. When a unit owner stops paying their monthly maintenance -- whether due to financial hardship, a dispute with the board, or simple indifference -- the burden falls on every other owner in the building. New York law gives condo boards a powerful tool to address this problem: the right to foreclose on a common charge lien. But the process is not as straightforward as it might seem. Here are five things every board should understand before pulling the trigger on a foreclosure action.
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Partition Actions for Commercial Property in New York: What Co-Owners Need to Know
Co-owning commercial real estate can be a sound investment strategy -- until it isn't. Whether your partnership with a co-owner has soured, a co-tenant has stopped contributing to carrying costs, or you simply cannot agree on whether to sell, develop, or refinance a property, you may find yourself wondering: what are my options? In New York, the answer often lies in a partition action.
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Force Majeure, Constructive Eviction, and Landlord Liability: Advanced Issues in New York Commercial Lease Litigation
Beyond the basics of nonpayment and holdover proceedings, New York commercial lease litigation encompasses a range of more complex doctrines that can dramatically shift the balance of power between landlords and tenants. This post examines three of those doctrines—force majeure, constructive eviction, and implied warranty of fitness—and explains how they play out in modern commercial disputes.
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Commercial Lease Disputes in New York: What Every Tenant and Landlord Needs to Know
A commercial lease in New York is among the most heavily negotiated—and most frequently litigated—documents in real estate practice. Unlike residential leases, which are subject to extensive statutory protections for tenants, commercial leases are generally governed by their express terms. That principle cuts both ways: a well-drafted lease can protect a tenant from overreaching landlord conduct; a poorly drafted one can leave a tenant catastrophically exposed.
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Partition by Sale in New York: What Happens After the Court Orders a Sale?
Many property co-owners are surprised to learn that a court order directing the sale of jointly owned real estate is not the end of the partition proceeding—it is, in many respects, the beginning of the most consequential phase. Understanding the mechanics of a court-supervised sale is essential for any co-owner navigating a partition action in New York.
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When Co-Owners Can not Agree: A Practical Guide to Partition Actions in New York
Few property disputes are more disruptive—or more legally complex—than a falling-out between co-owners of real estate. Whether the co-ownership arose through inheritance, a failed business relationship, a dissolved domestic partnership, or a real estate investment gone sideways, New York law provides a powerful remedy: the partition action.
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Yellowstone Injunctions and Lease Defaults (Commercial Tenancies) yellowstone Injunctions in New York: Protecting Commercial Tenants from Lease Termin
A Yellowstone injunction is a unique form of relief under New York law that allows a commercial tenant to preserve its lease while disputing an alleged default.
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Partition and Sale Actions in New York (Co-Ownership Disputes) Partition Actions in New York: Rights and Remedies Among Co-Owners
Partition actions arise when co-owners of real property cannot agree on how to manage, occupy, or dispose of the property. In New York, these actions are governed by RPAPL Article 9 and often result in either a physical division or judicial sale of the property.
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Constructive and Partial Constructive Eviction in Commercial Leases Constructive Eviction in New York Commercial Leases: A Practical Overview
In New York commercial landlord-tenant law, constructive eviction is a powerful—but narrowly applied—doctrine that can excuse a tenant from paying rent when a landlord’s actions substantially interfere with the tenant’s use of the premises.
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Local Law 97 Compliance: What NYC Building Owners Need to Known
New York City’s Local Law 97 (“LL97”), part of the Climate Mobilization Act, represents one of the most aggressive building emissions laws in the country. It directly impacts most buildings over 25,000 square feet and imposes strict greenhouse gas emissions limits beginning with the 2024 compliance period.
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Opening a Restaurant or Small Business in NYC? Don't Skip the Lease Review
If you own property in New York City, a Department of Buildings (DOB) violation notice is not something to ignore. Whether it's an unpermitted renovation, a complaint from a neighbor, or a routine inspection that turned up issues, DOB violations can lead to fines, liens on your property, and — in serious cases — vacate orders. Knowing how the process works is the first step to dealing with it effectively.
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Understanding NYC DOB Violations and the OATH Hearing Process
If you own property in New York City, a Department of Buildings (DOB) violation notice is not something to ignore. Whether it's an unpermitted renovation, a complaint from a neighbor, or a routine inspection that turned up issues, DOB violations can lead to fines, liens on your property, and — in serious cases — vacate orders. Knowing how the process works is the first step to dealing with it effectively.
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Navigating Commercial Landlord-Tenant Disputes in New York: What Every Business Owner Should Know
Running a business in New York is hard enough without a landlord dispute thrown into the mix. Whether you're a tenant dealing with a landlord who won't make repairs, or a landlord trying to remove a commercial tenant who's stopped paying rent, commercial landlord-tenant disputes can escalate quickly — and the stakes are high.
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Co-Owning Property in New York? Here's What You Need to Know About Partition
Owning real estate with someone else — a sibling, a business partner, an ex-spouse — can be complicated under the best of circumstances. When the relationship breaks down and co-owners can't agree on what to do with the property, New York law provides a powerful legal mechanism: the partition action.
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What Is a Constructive Trust — And Why It Might Be Your Best Legal Tool
If someone has taken property or money that rightfully belongs to you — but there's no written contract to point to — you might feel like you're out of options. You're not. New York courts recognize a powerful equitable remedy called a constructive trust, and it can be a game-changer in the right circumstances.
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What to Ask Your Real Estate Litigation Attorney
When facing a real estate dispute, selecting counsel with relevant experience is an important early decision. Asking targeted questions can help clarify expectations and strategy.
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Easement Rights and Disputes: A Guide for New York Property Owners
Easements create a legal right to use another person’s land for a specific purpose. In New York, easement disputes frequently arise between neighboring property owners and can significantly affect property value and use.
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How Commercial Landlord–Tenant Disputes Are Resolved in NYC
Commercial landlord–tenant disputes in New York City are governed primarily by the terms of the lease agreement, supplemented by state statutes and common law principles. Unlike residential tenancies, commercial tenants are not protected by rent regulation or many consumer-oriented statutes, making lease language particularly significant.
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What Is a Partition Action in New York?
A partition action is a legal proceeding under Article 9 of the New York Real Property Actions and Proceedings Law (RPAPL) that allows co-owners of real property to sever their shared ownership when they cannot agree on the use, management, or disposition of the property.
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Before Foreclosing a Commercial Mortgage in New York: Key Considerations and the Role of a Receiver
In New York landlord–tenant law, a Yellowstone injunction is a well-established equitable remedy primarily used in commercial lease disputes. It allows a tenant to maintain possession of premises and compel a landlord to perform non-monetary obligations (typically repairs or maintenance) while a lawsuit over the landlord’s alleged default is pending, without being evicted for nonpayment of rent during that time. But what about residential disputes — can a residential tenant seek a Yellowstone injunction? The short answer is: sometimes — but the circumstances are limited and the doctrine applies differently than in the commercial context.
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Are Yellowstone Injunctions Available in New York Residential Disputes?
In New York landlord–tenant law, a Yellowstone injunction is a well-established equitable remedy primarily used in commercial lease disputes. It allows a tenant to maintain possession of premises and compel a landlord to perform non-monetary obligations (typically repairs or maintenance) while a lawsuit over the landlord’s alleged default is pending, without being evicted for nonpayment of rent during that time. But what about residential disputes — can a residential tenant seek a Yellowstone injunction? The short answer is: sometimes — but the circumstances are limited and the doctrine applies differently than in the commercial context.
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Negotiating a Commercial Property License Agreement Amid Adjacent Construction: Key Considerations in New York
Commercial property owners and tenants frequently encounter situations where adjacent construction — whether by a neighbor, affiliate, landlord, or developer — impacts use and enjoyment of their property. One common solution is a license agreement permitting temporary access or use of adjacent property. But negotiating such a license requires careful attention to contractual, legal, and practical issues to avoid disputes and ensure adequate compensation and protection.
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Commercial Landlord–Tenant Law in New York: Early Termination and Defense Strategies
Commercial leases in New York are governed primarily by contract principles and the written terms of the lease, as opposed to residential leases which are subject to more statutory consumer protections. One of the most significant risks for a business tenant is a landlord’s contractual right to terminate the lease early upon certain events — most commonly, a demolition, redevelopment, or landmark designation provision.
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Recent developments in easement & right-of-way disputes under New York law — a practical guide
Easement and right-of-way disputes remain some of the most common — and fact-intensive — property fights in New York. Over the last two years New York courts have continued to refine long-standing doctrines (express, implied, necessity, and prescriptive easements) and to highlight several practical points: courts will closely parse the factual record, they are careful to distinguish prescriptive easements from adverse possession, and they are reluctant to create easements based on convenience (for example, for mere parking). Below I summarize the governing law, highlight recent appellate decisions and trends (2023–2025), and offer practical takeaways for owners, litigators, surveyors, and title counsel.
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