Court Rules Landlord Did Not Breach Commercial Lease By Failing to Obtain Certificate of Occupancy for Tenant’s Use

In Rivera v. JRJ Land Property Corp., 27 A.D.3d 361 (1st Dept. 2006), the Appellate Division, First Department, held that the commercial landlord was not required under the lease to obtain a certificate of occupancy for tenant’s use of the premises as an automobile repair shop, and, thus, landlord did not breach the lease.

The Court also held that the tenant’s claim for a breach of the warranty of habitability applied only to residential lease space, not commercial lease space at issue.

Lastly, the Court held that the tenant remained in full possession of the leased premises at all relevant times, and, therefore, the landlord was not liable for a breach of the warranty of quiet enjoyment.

For more information about commercial real estate matters in New York, please click here.

For general information about the firm, including our contact information, please click here.

The Law Offices of Keith R. Betensky, Esq.
The Empire Building
26 Village Green, Suite 4
P.O. Box 22
Bedford, New York 10506-0022
(914) 338-8050

Contact Us

Give us a call or fill in the form below and we will contact you. We endeavor to answer all inquiries within 24 hours on business days.