1. Real Estate Attorney in Manhattan | Case Overview
This dispute arose in New York when a commercial property owner discovered that the tenant had transferred possession of the premises to a third party without consent.
Rather than vacating the property, the occupant continued business operations despite lacking any legal right to remain.
The client retained a real estate attorney in Manhattan to initiate litigation seeking recovery of possession.
Client Background and Initial Concerns
The client owned a commercial building leased for a specific retail purpose under a written lease agreement that expressly prohibited assignment or subletting without prior written consent.
After learning that the original tenant had transferred occupancy to another operator, the owner attempted informal resolution but was met with refusal to vacate.
With negotiations unsuccessful and continued unauthorized use of the premises, the client sought legal intervention to protect ownership and possession rights under New York law.
2. Real Estate Attorney in Manhattan | Case Overview
This dispute arose in New York when a commercial property owner discovered that the tenant had transferred possession of the premises to a third party without consent.
Rather than vacating the property, the occupant continued business operations despite lacking any legal right to remain.
The client retained a real estate attorney in Manhattan to initiate litigation seeking recovery of possession.
Client Background and Initial Concerns
The client owned a commercial building leased for a specific retail purpose under a written lease agreement that expressly prohibited assignment or subletting without prior written consent.
After learning that the original tenant had transferred occupancy to another operator, the owner attempted informal resolution but was met with refusal to vacate.
With negotiations unsuccessful and continued unauthorized use of the premises, the client sought legal intervention to protect ownership and possession rights under New York law.
Unauthorized Occupancy and Transfer of Lease Rights
The tenant originally entered into the lease to operate a grocery style retail business but later transferred possession to a third party without notice or approval.
This transfer constituted a clear violation of the lease terms and resulted in occupancy by an entity with no contractual relationship with the owner.
The continued presence of the occupant created operational disruption and exposed the owner to potential legal and financial risk, making prompt action essential.
3. Real Estate Attorney in Manhattan | Legal Review and Strategy
After reviewing the lease documents and factual circumstances, the real estate attorney in Manhattan identified unlawful occupancy and lack of possessory authority as the core legal issues.
Rather than pursuing damages, the strategy focused on restoring possession through judicial relief.
This approach aligned with New York practice when ownership and control of property are the primary objectives.
Key Legal Issues in the Dispute
The primary legal issues included unlawful possession without legal title or contractual authority and breach of lease through unauthorized assignment or subletting.
Under New York property principles, a landlord may seek possession when an occupant lacks lawful rights to remain.
The case required clear proof that the original lease prohibited transfer and that no consent had been given by the owner.
Strategic Choice to Pursue Possession First
Rather than seeking unjust enrichment or rent equivalent damages, the attorney advised filing an action for turnover of the building.
In New York practice, courts prioritize restoring possession to the rightful owner where occupancy is unsupported by legal authority.
This strategy minimized procedural delays and avoided disputes over valuation or interim use.
4. Real Estate Attorney in Manhattan | Legal Advocacy and Evidence
The litigation phase emphasized documentary evidence and clear legal framing of the occupant’s lack of rights.
The real estate attorney in Manhattan structured arguments around the absence of consent and the resulting invalidity of the transfer.
This evidence driven approach ensured that the court could readily assess the legality of possession.
Establishing Lack of Legal Authority
The attorney submitted the original lease agreement demonstrating explicit prohibitions on assignment and subletting without written consent.
No evidence of consent existed, and the occupant was unable to produce any valid contractual basis for possession.
This established that the occupant was holding the property without lawful authority and was therefore obligated to surrender possession.
03 Feb, 2026
