Business Formation & Commercial Litigation

A business entity is an entity that is formed and administered as per corporate law in order to engage in business activities, charitable work, or other activities allowable. Most often, business entities are formed to sell a product or a service.

Landlord Tenant Breach Law and Legal Definition. A landlord may legally terminate alease if the tenant significantly violates the lease agreement contract terms and conditions. A lease termination for a long-term contract usually requires a 30 to 60 day written notice.

A clause in a lease that outlines the terms for renewing or extending an originallease agreement. The renewal option appears as a covenant in the original leaseand provides specifications under which the leaseholder can renew or extend the original lease term for an additional, specified time and rate (rent).

A court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for aninjunction. Such an act is the use of judicial (court) authority to handle a problem and is not a judgment for money.

A New York Supreme Court proceeding initiated by the tenant when the landlord seeks to terminate the lease because of what the landlord perceives as a default thereof. For example, the landlord may allege that a tenant is doing something in violation of the lease and serve the tenant with a notice to cure. The tenant doesn’t want to give the landlord the opportunity to prematurely terminate the lease, so the tenant may go to New York Supreme Court and seek a Yellowstone injunction and temporary restraining order.

A holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and state laws and court rulings determine the length of the holdover tenant's new rental term.

In a non-payment proceeding, the landlord has the burden of proving certain technical elements by introducing documentary evidence as well as the amount of the arrears, and the tenant has the burden of proving that he has viable defenses to landlord's claims for arrears. In a holdover proceeding based on a breach of a substantial obligation of the tenancy, the landlord must establish certain technical elements and prove that the tenant has violated the lease or the statute, as the case may be. If the landlord sustains this burden, the tenant must then prove his/her defense. Notably, in a residential breach of lease holdover in New York CIty even if the landlord secures a judgment, the tenant still has a statutory ten-day period to cure the breach and thereby preserve the tenancy. However, this does not apply to commercial tenancies.

Where a tenant has failed to pay rent, the law may allow the tenant a right to redemption, which means that the tenant may avoideviction and remain in the property by paying the full amount of rent due, plus all other fees owed to the landlord as awarded by the court, by a specified date.

There are landlords in New York City who will use any available legal means to evict tenants from their rent-stabilized apartments. A non-primary residence case becomes a more dangerous threat when a tenant has other interests in real estate, such as a second residential property or vacation home.