• 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
June 22, 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
  • June 22, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • June 22, 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
June 22, 2025
  • Log In
  • Log Out
  • My Account
Home » Topics » Commercial Lease Law Insider » Owner Wins

Owner Wins
Owner Wins RSS Feed RSS

Landlord's Settlement with Tenant Doesn't Let Guarantor Off the Hook

Feb 19, 2020

What Happened: Roughly 18 months into a five-year lease, the landlord sued to evict a tenant for late payment of rent. After settling with the tenant out of court, the landlord asked the tenant’s guarantor to pay the rent for the remaining mon...

Read More

No Relocation Benefits for Tenants Forced Out by Sale to Government

Feb 19, 2020

What Happened: A city in Oregon purchased commercial property that it intended to develop for a City Hall. The sale agreement required the owner to deliver the property free of tenants. The owner kept its end of the bargain by informing the tenants of the sale, ending their leases, and letting them stay on a month-to-month basis until the city took ownership.

Read More

Subway Not Liable for Franchisee's ADA Violation

Feb 19, 2020

What Happened: After experiencing what he felt was rude and humiliating treatment by a Subway employee while ordering a steak sandwich, a customer brought an ADA lawsuit against not just the restaurant where the incident happened but the franchisor company, which it claimed was responsible for the disability discrimination committed by its franchisees. The franchisor denied having any liability for the incident and asked the court to let it out of the c...

Read More

Lease Clearly Shows that Landlord Owns Tenant Improvements

Jan 23, 2020

What Happened: Erection of a reception desk and bar fixture containing sinks for mixing hair color were among the improvements made at the landlord’s expense before a hair salon tenant moved in and opened shop. The reception desk and color bar were also among the assets the tenant attempted to sell upon vacating the premises seven years later. But the landlord insisted that it owned the fixtures, and the asset sale eventually fell through...

Read More

No Constructive Eviction Where Tenant Didn’t Notify Owner of Sewage Problem

Jan 23, 2020

What Happened: After experiencing repeated problems with the building sewage system, a bank branch tenant decided to move out. In its notification letter, the tenant claimed that it was subjected to “hazardous environmental conditions”—namely, mold and sewage backup—and claimed that the landlord’s failure to remedy the problem was constructive eviction. The landlord, in turn, sent the tenant a default notice, and it was on ...

Read More

Tenant's Nuisance Claim Against Owner Isn’t an Open-and-Shut Case

Jan 23, 2020

What Happened: Sharing an office building with a gym where individuals and classes deliberately dropped free weights to the ground as part of their “Cross Fit” training made it hard for a tenant to carry out its radiation practice in peace. Frustrated with its failure to stop the “constant array of disturbances, excessive vibrations, massive booms, noxious noise and adverse effect on hangers supporting pipes and conduits,” the te...

Read More

How Much of Replacement Tenant’s Rent Must Landlord Offset Against Original Tenant’s Debt?

Dec 26, 2019

What Happened: An auto detailing tenant acknowledged installing a parking lot area without the landlord’s authorization and then vacating with 19 months remaining on the lease. The question: How much, if any, of the rent the landlord received from the new tenant should be offset against the previous tenant’s debts? The court turned to the following lease language:


Read More

Eviction Court Had No Authority to Cut Tenant’s Rent

Dec 24, 2019

What Happened: After spending more than $45,000 for improvements, a tenant claimed that it discovered that the premises it leased for five years for use as a hair salon was only 452 square feet rather than the 600 square feet the landlord represented. So the tenant asked for a rent break. When the landlord refused, it stopped paying rent, prompting the landlord to sue for eviction. The tenant claimed that the landlord made false representations about th...

Read More

Tenant Took Too Long to Send Renewal Notice

Dec 12, 2019

What Happened: In 2016, a grocery store tenant tried to renew the 15-year lease it signed in 1999, but the landlord claimed that it was too late because the six-month renewal window had already expired. The issue: When did the lease actually begin? The landlord claimed that it commenced when the tenant opened for business in 2001; the tenant claimed it commenced when the sides re-executed the lease as part of a construction settlement dispute in ...

Read More

Procedural Slips Doom Tenant’s Contract Claims Against Landlord

Dec 12, 2019

 What Happened:   A tanning salon tenant sued its landlord for breach of contract but listed the wrong corporate name. Before the tenant could file an amended suit with the landlord’s proper corporate name, the landlord stole the march by filing its own eviction case in the same court. The court gave the tenant a chance to file an an...

Read More
Previous 1 2 … 8 9 10 11 12 13 14 15 16 … 28 29 Next
  • 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
    • Terms of Use
  • 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
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
  • June 22, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • June 22, 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
June 22, 2025
  • Log In
  • Log Out
  • My Account