Tenant Violated Commercial Lease by Living in Unit

October 31, 2009

LVT Number: #22250

Landlord sued to evict tenant from commercial premises. Landlord claimed that tenant lived in the unit, in violation of his lease. Tenant claimed that he had landlord's permission to do so. The court ruled for landlord. Tenant appealed and lost. The trial court properly rejected tenant's claim. Tenant's lease limited his use of the space to an office and storage space above the storefront he rented from landlord. A 2005 letter from landlord that tenant relied on didn't show that landlord approved tenant's substantial lease violation.

Landlord sued to evict tenant from commercial premises. Landlord claimed that tenant lived in the unit, in violation of his lease. Tenant claimed that he had landlord's permission to do so. The court ruled for landlord. Tenant appealed and lost. The trial court properly rejected tenant's claim. Tenant's lease limited his use of the space to an office and storage space above the storefront he rented from landlord. A 2005 letter from landlord that tenant relied on didn't show that landlord approved tenant's substantial lease violation.

C.D. Kobsons, Inc. v. Mojali: NYLJ, 10/27/09, p. 31, col. 3 (App. T. 1 Dept.; McKeon, PJ, Heitler, Shulman, JJ)

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