Tenant Didn't Prove Tenancy Was Residential

February 1, 2009

LVT Number: #20987

Landlord sued to evict commercial tenant for nonpayment of rent. Tenant claimed that the unit was, in fact, residential, so the case should be dismissed. The court ruled against tenant. Tenant appealed and lost. Landlord was entitled to enforce a conditional limitation for nonpayment in tenant's commercial lease. While the lease also authorized the ancillary use of a portion of the third floor of the building as a single "caretaker accommodation," this didn't convert the tenancy into a residential or mixed-use one without other proof.

Landlord sued to evict commercial tenant for nonpayment of rent. Tenant claimed that the unit was, in fact, residential, so the case should be dismissed. The court ruled against tenant. Tenant appealed and lost. Landlord was entitled to enforce a conditional limitation for nonpayment in tenant's commercial lease. While the lease also authorized the ancillary use of a portion of the third floor of the building as a single "caretaker accommodation," this didn't convert the tenancy into a residential or mixed-use one without other proof.

AWRP Properties, Inc. v. 506 Broadway, Inc.: NYLJ, 1/7/09, p. 38, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

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