Can a Landlord Evict due to Insurance Regs Non-Compliance

Yes. Several judicial decisions uphold the lease rights of landlords to evict their commercial tenants for failing to obtain the required insurance coverage policies. Moreover, the lease provisions are closely read, and NYC commercial tenants are held to exact standards. In one example, the insurance obtained correctly listed the commercial landlord as a named insured […]

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NYC Commercial Leases: Thoughts on Insurance Requirements

Almost always, NYC commercial leases require tenants to obtain, carry, maintain, and keep current various types of commercial insurance. Further, the lease will almost certainly require the landlord to be listed as a “named insured” on any required insurance policy, AND all such policies must be purchased IN ADVANCE of tenant move-in. Proof of insurance […]

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Commercial Leases: Strict Compliance With Notice Provisions Required

Any New York commercial lease will have numerous provisions within the lease regarding notices. Every notice provision must be carefully read and understood since, under New York law, there must be strict compliance with lease notice provisions. Experienced lease negotiators are fully aware of the importance of notice provisions. Depending on the provision, the lessor […]

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Some Tips on NYC Commercial Leasing and Illegal Activities

Recreational use and possession of smaller amounts of cannabis/marijuana have been legal in NYC since 2019. But selling marijuana for personal use remains illegal unless the business is properly licensed. The problem is that only 37 retail outlets have been approved for New York. See the Bloomberg media report here. The constraint on legal cannabis […]

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Why the Real Estate Industry is Embracing “Smart” Rentals, But Some Legal Cautions

The real estate industry has recently embraced the emerging technology associated with “smart” rentals, including homes and commercial rental spaces. The new phrasing is “connected-home-and-office technology.” For example, see this recent TheRealDeal media article. There are some good business reasons for the emerging trend but some legal cautions, too. Why the increased interest in “connectivity”? […]

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Is a “Liquidated Damages Clause” Enforceable in NYC?

In some contracts, including NYC commercial leases, a clause will be included that is generally called a “liquidated damages” clause. A liquidated damages clause is agreed to in advance by the parties to a commercial lease and identifies a specific amount of money that will be owed by one party to the other if the […]

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