• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Main Articles
  • Model Lease Clauses
  • Q&A
  • Dos & Don'ts
  • Recent Court Rulings
  • eAlerts
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Main Articles
  • Features
  • Broker's Buzz
  • Drafting Tips
  • In the News
  • Negotiating Tips
  • Plugging Loopholes
  • Traps to Avoid
  • Model Lease Clauses
  • Model Lease Clauses
  • Model Agreements
  • Other Model Tools
  • Q&A
  • Q&A
  • Pop Quiz
  • Winners & Losers
  • Ask the Insider
  • Recent Court Rulings
  • Landlord Wins
  • Landlord Loses
May 31, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 31, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 31, 2025
CLLI_logo_2020.jpg
  • Archives
  • Main Articles
    • Features
    • Broker's Buzz
    • Drafting Tips
    • In the News
    • Negotiating Tips
    • Plugging Loopholes
    • Traps to Avoid
  • Model Lease Clauses
    • Model Lease Clauses
    • Model Agreements
    • Other Model Tools
  • Q&A
    • Q&A
    • Pop Quiz
    • Winners & Losers
    • Ask the Insider
  • Dos & Don'ts
  • Recent Court Rulings
    • Landlord Wins
    • Landlord Loses
  • eAlerts
Free Issue
The Habitat Group Logo
May 31, 2025
  • Log In
  • Log Out
  • My Account
Home » Owner Entitled to Restrict Tenant's Access to Space

Owner Entitled to Restrict Tenant's Access to Space

Jun 25, 2009

Facts: A retail tenant sued Burbank Mall Associates on the basis of unjustified delay in turning over the keys to the premises. The trial court ruled in favor of the owner.

At trial, the retailer's regional manager testified that on several occasions between July and September 2006, she asked the owner's operation manager for keys to the premises but was told that she would not be given keys until the tenant submitted—and the owner approved—tenant improvement plans for the space. Nevertheless, the tenant was given access to the premises, through the center's office, and only when accompanied by the owner's staff.

The trial court ruled in favor of the owner, and the tenant appealed.

Decision: The appeals court upheld the trial court's decision of the trial court and ruled against the tenant.

Reasoning: The tenant claimed that the owner's delay in delivering the keys denied “unrestricted and exclusive” possession of the premises for a period of about two months. Tenant also claimed that the delay caused it harm because it could not start construction earlier. But the court found no evidence in the record that the owner's refusal to deliver the keys to the tenant prevented the tenant from commencing construction. Rather, the court said, it appears that construction was delayed due to the tenant's failure to (1) obtain the owner's approval of construction plans; and (2) submit proof of its contractor's insurance.

  • Burbank Mall Associates, LLC v. Georgiou Studio, Inc., February 2009
Owner Wins
    • Related Articles

      Tenant Not Entitled to Space After Subtenant Default

      Owner Entitled to Replace Store with Noncompetitor

      Owner Entitled to Full Rent for Abandoned Buildings

    • Publications
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Co-op & Condo Case Law Tracker Digest
      • Fair Housing Coach
      • New York Apartment Law Insider
      • New York Landlord v. Tenant
      • Tax Credit Housing Management Insider
    • Additional Links
      • Contact Us
      • Advertise
      • Group Subscriptions
      • Privacy Policy
    • Boards of Advisors
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Fair Housing Coach
      • New York Apartment Law Insider
      • Tax Credit Housing Management Insider
    ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing