Hecht Law Group, PLLC

Recent NY legislation has made it nearly impossible to evict or eject defaulting commercial tenants. However that didn't stop our client from obtaining summary judgment for an order permitting eviction as soon as the legislation expires without the need to go back to court.

Our client was resigned to continue receiving late rent because their commercial lease did not have a chronic late payment clause. Thankfully we were able to use the conditional limitation in the lease to obtain possession via holdover. Judge Unger's 4-page decision also clarifies when acceptance of rent post-termination constitutes a waiver and whether including attorney's fees in commercial housing court is appropriate under the 2019 Tenant Protection Act.

The 2019 NY Tenant Protection Act makes it more difficult to manage landlord-tenant litigation. However, a careful reading and application of the new rules enabled us to defeat an order to show cause intended to delay possession.