Real Estate (Landlord)

 

• Legal support for commercial, industrial and residential landlords, condominium associations, cooperative corporations and not-for-profit entities that provide housing, owners of apartment buildings, brownstones and townhouses in the New York City area.

 

• Actions to determine whether landlords may be entitled to compel the payment of rent, raise rents by making improvements to their buildings, recover units for their own or their family's use, recover units from tenants failing to comply with lease agreements, remove units from rent regulation either through high rent or high-income decontrol, terminate undesirable tenant nuisances or prohibited behaviors.

 

• Legal support for eviction actions by commercial and residential landlords, involving nonpayment of rent and holdover actions alleging breaches of the lease (such as unauthorized assignment, subletting or use of the unit as a non-primary residence) or violations of the law (nuisance or illegal alterations) against rent controlled and rent stabilized tenants.

 

• Consultation involving the deregulation of rent controlled and rent stabilized units in New York City.

 

• Legal support for actions by commercial landlords to recover money damages against tenants or possession of the unit in non-payment and holdover proceedings.

 

• Investigations into whether a regulated unit has or may become deregulated (such as if the unit becomes vacant and the rent increases to more than a particular amount), or if an apartment building is converted to a co-op or if a landlord wants the regulated unit for his or her own personal actual occupancy.

 

• Consultation regarding whether a commercial landlord has the legal authority to compel payment of rent, oppose a Yellowstone injunction, prohibit unauthorized subletting and assignments, raise rents, recover units from tenants who fail to comply with lease agreements, sue tenants for lease breaches and building code or other violations, terminate undesirable or prohibited tenant behaviors.

 

• Preparation of rent demands, notices to cure, notices of default, Notice of Petition and Petition, notices to quit, notices of termination and bringing Legal support for actions involving commercial landlords, condominium associations, cooperative corporations, real estate management companies, and not-for-profit entities in New York City and other areas of New York State.

 

• Experience with commercial and residential landlords for abatement and constructive eviction claims, acceleration, ejectment, eviction (obtaining an eviction order, if or when to accept payment or partial payment to prevent the tenant from prolonging the court process, and arranging for forcible removal only if necessary), holdover actions involving evictions for lease expiration or violations (regardless of rent paid), injunctions, plenary actions (post-eviction pursuit of remaining past-due rent and other claims), rent demands, rent nonpayment (submitting the demand for rent, serving notice and obtaining a judgment), settlements (such as partial payment, installment terms or other out-of-court resolutions), various notices (such as 3-day, 5-day and 10-day), specific performance by guarantors.

 

• Experience with commercial and residential landlords in handling lease disputes and litigation, including 30-day notices, disputes between roommates or estranged couples, failure to comply with lease, holdover actions, illegal sublet, nuisance and violations (cleanliness, noise, unauthorized guests, illegal sublets, pets), license termination, mechanics liens, month-to-month tenancies, nonprimary residence occupancy, notice of termination, notice to cure, personal use holdover, repair and maintenance disputes (such as involving flood damage, leaks, neglect and disrepair, negligence, willful damage), rent withholding (such as if a tenant wrongfully demands repairs not covered in the lease), succession rights (for qualifying family members), Yellowstone injunctions, nonpayment proceedings.

 

• Representation of owners of bodegas, businesses, medical or dental offices, mom-and-pop businesses, offices, restaurants, retail space, storefronts and stores in lease disputes such as construction and renovations, defects and repairs, cross-defaults, distressed tenants, early termination or surrender of lease, guarantor responsibilities, holdover, illegal use or illegal sublet, leasing and lease modifications, letters of credit, maintenance, nonpayment of rent, notice to cure, nuisance (noise, odor, pets), property damage, Yellowstone injunctions (for commercial properties), plenary actions, tenant bankruptcy.

 

• Consultation for large and small domestic and international corporations, limited liability companies, partnerships, officers, directors, shareholders and individuals in business and commercial matters such as legal issues involved in day-to-day operations, including agreements, business formation, contracts, swiftly addressing legal problems and disputes before they escalate and assistance with establishing a presence in the real estate industry.

 

• Consultation for commercial and residential leases, compliance, contract review and drafting, corporate records and reporting, domestic litigation (partner-shareholder disputes, contract disputes, business torts, restrictive covenants, commercial real estate deals), employment issues, entity formation (corporations, joint ventures, LLCs, partnerships), dispute resolution, internal agreements and resolutions, management of foreign litigation, out-of-court dispute resolution negotiations, partnership documents (shareholder and operating agreements), pre-litigation strategy, severance issues.

 

• Very successful collections of contract balances and pursuing claims under all types of surety bonds.

​

• Consultation regarding complex real estate transactions involving commercial and residential lease negotiations and modifications, commercial mortgage-backed securities (CMBS), condominiums and cooperatives, co-op refinancing, court approvals, defeasance, disclosures, due diligence, financing commitments, mezzanine financing, new construction developments, office buildings, powers of attorney, project refinancing, regulatory compliance, representations, residential mortgage-backed securities (RMBS), retail and mixed use properties, sale or purchase of large-scale developments, title clearance, transactions between trusts, Internal Revenue Code (IRC) Section 1031 exchanges (also called a like-kind exchange or a Starker).

​

    Last updated 200721_2054