In commercial real estate litigation in Rockland County, NY, the property owner is a landlord, while the person renting the property is the tenant. Tenants have a right to a safe, healthful and clean place to do business, and consequences can arise when a landlord fails to meet that obligation. Read on to learn more about the rights and responsibilities of landlords and tenants.
What Is a Commercial Tenant?
A commercial tenant is a business that rents an office or a store from a landlord. Businesses are assumed to know the law, therefore, they don’t receive as many legal protections as residential tenants get. Because of the lack of legal protection, the subject of commercial eviction falls under the contract law category. Commercial real estate litigation in Rockland County, NY normally takes place because of a tenant’s failure to pay rent, but it can also occur if a landlord is dissatisfied with the way a tenant is using the property.
The Commercial Eviction Process
Most protections given to private tenants are not extended to commercial renters. During a commercial eviction, a landlord only has to give a tenant three days’ notice, during which the tenant can fix the problem warranting eviction. If the situation is not remedied, the tenant may receive an eviction notice and they will have up to five days to leave. At that time, the tenant only has a short while to collect any possessions left on the premises.
Defenses Available to Commercial Tenants
A commercial tenant must keep in mind that their rights and protections should be listed in the rental agreement. Below is a list of things to consider including in a commercial contract.
- Dispute resolution clauses. Parties can elect to settle, litigate, mediate or take another approach.
- Habitability. A commercial tenant doesn’t have the right to habitability if that right isn’t spelled out in the agreement.
- Net costs. These can be damaging to a commercial tenant because they pass expenses from landlords to tenants.
Commercial leases are complex legal documents, and potential tenants should hire a commercial real estate lawyer to aid in negotiations before signing a contract.
The commercial real estate law is complicated, and it is constantly changing. A commercial real estate lawyer can review a lease’s terms, and they can help the tenant understand their rights and responsibilities. By hiring Mark Aberasturi, the client can get the legal representation they need.
