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
  • December 07, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • December 07, 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
December 07, 2025
  • Log In
  • Log Out
  • My Account
Home » Topics » Commercial Lease Law Insider » Owner Wins

Owner Wins
Owner Wins RSS Feed RSS

Termination for Eminent Domain Applies to Building, Not Parking Spaces

Oct 19, 2009

Facts: Under the right of eminent domain, a city took over a portion of a tenant's leased space. The portion, which the city planned to use in order to complete a road project, amounted to five out of 107 parking spaces that were part of the leased space. The space also included a building and outdoor area.


Read More

Right to Nonexclusive Use of Parking Spaces Doesn't Include Long-Term Storage of Equipment

Oct 19, 2009

Facts: The owners of a shopping center sued the anchor tenant, a grocery store, after a dispute arose over the tenant's use of common areas behind the store. The trial court found that the tenant violated its lease by placing large, seasonal storage containers in the center's parking spaces, but also concluded that the tenant's practice of keeping bread racks and similar items in parking spaces was permissible under lease provisions allowing the use o...

Read More

Tenant Must Pay Share of Communal Dumpster Fee

Aug 31, 2009

Facts: A tenant that leased two shopping center storefronts through a management company signed identical leases for each unit. Both leases included provisions obligating the tenant to pay its pro rata share of operating expenses for the entire property, and to contract with Waste Management Spokane for its own garbage disposal for the two units, which it did initially.


Read More

Tenant Must Replace Items It Neglected to Maintain

Aug 31, 2009

Facts: A tenant purchased the rights to run a dealership that was part of a franchised chain. The dealership was already operating out of a building that housed its showroom and offices, so the tenant decided to stay in that location, leasing the building and the property it was on from its owner. The tenant and owner signed a lease on Dec. 12, 1983, followed by two subsequent leases over the course of several years.


Read More

Month-to-Month Tenancy Governed by Same Terms in Lease

Jun 25, 2009

Facts: An owner claimed that a tenant failed to pay rent and other charges in the lease when due and additionally owed holdover rent for the third and fourth years of the tenancy. Including late fees and interest, the owner claimed that the tenant owed it more than $3.1 million.

The tenant alleged that the owner was unjustly enriched by the tenant's expenditures, including monies expended for landscaping, water, and garbage collection.


Read More

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.


Read More

Tenant Not Entitled to Individual Notice of Government Ruling

May 1, 2009

Facts: A tenant operated a business in a building that the local government was planning to designate as blighted—that is, obsolete with a marginal economic use. Before the final decision was made, the local government sent out hearing notices to the owner of the building in the event that it wanted to attend the meeting and contest the blight designation.


Read More

Owner Tried to Mitigate Damages

May 1, 2009

Facts: One year into a five-year lease agreement, a tenant stopped paying rent. After the owner demanded payment, the tenant entered into a separate agreement to bring the rent payments current. The tenant eventually vacated the space. The owner sought additional rent, but the tenant argued that it did not owe the additional rent and claimed that the owner failed to mitigate its damages by not making a reasonable effort to find a new tenant for the premises.


Read More

Tenant Must Comply with Renewal Language

Mar 26, 2009

Facts: A tenant signed a lease with the city that contained several 10-year renewal options. The lease stated that prior to exercising the option, the tenant must give a six-month notice of its intention to renew.


Read More

Mechanic's Lien Can Be Placed on Single Space

Feb 26, 2009

Facts: A tenant leased 4,375 square feet in a building and hired a contractor to do the buildout of the space. The contractor hired a subcontractor to do the work. Upon completion of the work, the tenant paid the contractor, but the contractor failed to pay the subcontractor.


Read More
Previous 1 2 … 21 22 23 24 25 26 27 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