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Topic: Landlord Wins

OK for Landlord to Change Locks of Tenant Who Doesn’t Pay Rent

July 30, 2026 | Glenn S. Demby
The owner of a restaurant tenant wanted to sell its ownership interest in the restaurant to a third party. Meanwhile, the tenant didn’t pay rent ...
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Landlord Made Reasonable Efforts to Re-Let Despite Not Listing Property with a Broker

July 1, 2026 | Glenn S. Demby
A landlord granted a new clothing store tenant a $135,000 allowance for “white box” improvements with the tenant to be responsible for any excess costs. Upon receiving a construction bill of $169,000 ...
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FedEx Overnight to Tenant’s Receptionist Meets Lease’s “In-Person Delivery” Notice Requirement

July 1, 2026 | Glenn S. Demby
A landlord delivered a “3 Business Day Notice to Pay Rent or Quit” to a delinquent gas station tenant by FedEx First Overnight delivery ...
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Breaching Landlord Doesn’t Have to Pay Tenant Lost Profit Damages

July 1, 2026 | Glenn S. Demby
Rats invaded an office suite food pantry and made their way into the suite leased by the temporary staffing agency. When exterminators failed to fix the problem ...
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Landlord Not Liable for Noise Caused by Legally Required Construction Work

May 29, 2026 | Glenn S. Demby
New York City Local Law 11, a.k.a. the Façade Inspection & Safety Program (FISP), requires owners of buildings higher than six stories to inspect the exterior walls and patch up potentially dangerous falling debris ...
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Noncompliance with Zoning Law Not Grounds for Tenant Lease Termination

April 29, 2026 | Glenn S. Demby
A tenant agreed to lease three floors of office space in a new building being constructed in Palo Alto. But the tenant pulled out of the deal after completion of the construction of the base, shell, and core, claiming that ...
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Statutory Residential Security Deposit Protections Don’t Apply to Commercial Leases

March 30, 2026 | Glenn S. Demby
A tenant moved out without paying the full $6,550.40 rent for the final month. Before refunding the security deposit, the landlord deducted $1,204 from the security deposit to cover the unpaid rent balance in accordance with the lease provision stating ...
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Landlord’s Duty to Maintain Doesn’t Require Repairing Roof Damage

March 30, 2026 | Glenn S. Demby
A hailstorm severely damaged the roof, skylights, and rooftop HVAC units on a commercial warehouse. The landlord and tenant each claimed that the other was responsible for making the necessary repairs. The issue boiled down to an interpretation of two clauses in the lease ...
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Letter Agreement Amending Lease Doesn’t Release Guarantor

February 26, 2026 | Glenn S. Demby
A landlord sued the tenant’s guarantor to collect three years’ worth of unpaid rent. The guarantor claimed that it was no longer liable for the tenant’s lease obligations, contending that ...
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Landlord Need Not Accept Defaulting Tenant’s Rent to Mitigate Damages

February 26, 2026 | Glenn S. Demby
At the start of the COVID crisis in February 2020, a restaurant tenant vacated its property and told the landlord that it wouldn’t pay rent in March, April, May, or June. The tenant offered to resume rent payments in July, but ...
Read more
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