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Lease void upon eviction?

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Lease void upon eviction?

Postby axolotlsure » Thu Dec 13, 2012 3:29 pm

I am in the process of leasing a commercial space for live/work purposes.. The landlord is aware that we plan to live in the space and does not mind. However, should he or the city evict us (or force us to stop living there), is the lease then void, or will we continue to be responsible for rent for the duration of the lease?

Also -- any lease provisions to be aware of/be sure to include?

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Postby ronin » Fri Dec 14, 2012 3:40 am

Strange thing you ask.

Basically, if it is commercial you have no rights. If the LL gets the urge to jettison you, away you go (except if you have a separate agreement).

The lease is commercial, so if you get stopped from living there, you still have to pay rent b/c the lease was for commercial use.

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Postby TenantNet » Fri Dec 14, 2012 6:35 am

I have a different take on that. No one can say what will happen though.

If you have a lease for say one year and say six months in, the LL seeks to evict you, say for zoning-related issues, or improper occupancy issues.

Because you have a lease, he would need to first terminate the lease upon notice before commencing a holdover proceeding. At that point, whether you lose in court, or agree to leave, the future rent would be vitiated.

Many cases like this are negotiated, where future rent is waived.

However Ronin does have a point. There might be complications as it's a commercial location, and it's unknown if such a case would need to be heard in Civil or Supreme Court as opposed to Housing Court. You did not say if it is a loft situation, which can add an entire layer of complexity. If that's the case, you should look closely at the Loft Law and how it might apply.
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