Where these disputes usually start
Commercial tenants and landlords most often disagree about unpaid rent and additional charges like real estate tax escalations and common area costs, about who must repair what, about alterations made without consent, and about whether the tenant's business fits the permitted use. Requests to assign or sublet, and the landlord's response, are another common flashpoint. In New York, commercial tenancies are governed largely by the lease itself, and many protections that apply to apartments do not apply, so the exact wording carries a great deal of weight.
Protecting the lease while the dispute is decided
When a landlord serves a notice to cure, a New York commercial tenant often asks the court for what practitioners call a Yellowstone injunction, an order that pauses the cure period so the tenant does not lose the lease while the dispute is resolved. Timing is critical, because this relief generally has to be sought before the cure period runs out, and the tenant usually has to show it is willing and able to cure if it loses. Landlords, for their part, need their notices to follow the lease's requirements precisely, since a defective notice can set the process back. Personal guarantors are often drawn in, so the guaranty should be read alongside the lease.
Gathering the record
Collect the lease with every amendment, the guaranty, rent ledgers and invoices for additional charges, all notices with proof of how they were delivered, and correspondence about the issue in dispute. Photos and contractor reports help when repairs or alterations are at stake. Our review covers what the lease actually requires and how much time remains on any notice, and from there whether a negotiated amendment, a payment arrangement, or a court filing would protect the business or the property more effectively.
