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Commercial Landlord and Tenant Cases Lawyers

March 21, 2024 Uncategorized

Residential tenants aren’t the only ones who can face conflict and problems with property owners, but, until recently, commercial tenants had no place to turn. Now, a new law has been passed to protect New York commercial tenants. Introduced as a way of protecting small business owners, the law also protects any commercial tenant in New York. This provides recourse for business owners who previously had no way to free themselves from harassment by the property owners who rent commercial space out to them.

Commercial Landlords Are Accountable
The Non-Residential Tenant Harassment Law took effect in September 2016, extending protection to business owners who rent space for their businesses. While this is a big step forward in evening things up, commercial tenants seeking to file a complaint against their landlord still may have an uphill battle.
There are two conditions for establishing harassment by the property owner. First, the tenant must prove that the commercial landlord, or someone in his employ, is acting to force you to vacate the property, or otherwise compel you to surrender your rights under the terms of the lease.

The second element in proving harassment by the commercial landlord allows for a number of acts considered wrongful treatment of the tenant. Such terms include the use or the threat of the use of force against the tenant, or against the tenant’s customers. Additionally, repeated interruptions, which cause a disruption to the tenant’s business, is also considered harassment under the recently enacted law.

Other acts include initiating court actions against the tenant, where the tenant is not in default on rental payments, seizing personal property from the commercial location, and removing or changing locks. There are also provisions establishing any act that interferes or disrupts with the tenant’s business operations as harassment on the part of the commercial property owner.

The law also establishes protections for the owner of the commercial property, however. Essentially, provisions for the commercial landlord ensure that he’s still able to lawfully terminate a lease, as well as establishing his right to refuse to extend or renew the lease. The law also spells out the landlord’s right to lawfully re-enter and repossess the leased property. While the new law does afford these protections and a few others to the property owner, it’s all null and void, if the tenant can prove the use of violence or the threat of violence perpetrated by the owner of the property.

What Will The Courts Do?
Once a case of harassment is proven in court, it’s up to the judge to determine the appropriate remedy. This includes a mandatory payment from the landlord of $1,000 to $10,000. In addition, the judge may grant a restraining order against the property owner and require him to pay compensatory and punitive damages. In many cases, the judge will also order the defendant to cover the plaintiff’s attorney fees.

In the event the tenant owes back rent to the property owner at the time of the judgment, the amount owed will be deducted from the damages awarded in court. Even in cases where the restraining order has been issued, the commercial tenant is still required to make timely rental payments, so filing harassment charges won’t alter the terms of the lease. The Non-Residential Tenant Harassment Law was enacted merely to extend tenant protections to small business owners and others renting commercial property.

In the event you feel harassed by your commercial landlord, it’s important to document evidence and assemble witnesses to illegal acts committed by the property owner. As you consult with an attorney experienced in commercial landlord and tenant issues, he’ll want to go over your evidence and the specific facts of the case. By looking at this information, the attorney can determine the strength of your case and offer you the best options for your specific circumstances. In some instances, the case may not even need to go through the litigation process in order to achieve a satisfactory resolution.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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