Bristol, CT asked in Business Law for New York

Q: I own a business and did not pay the rent for one month because I had a buyer for the business but the landlord made

it too difficult for them so after 5 months they backed out-now I received a petition for non-payment to recover possession of real property.

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: If you owe the rent you need to pay or be evicted. While your lease will govern, most commercial leases have a provision that counterclaims must be brought in a separate case, like your claim the landlord killed your deal.

Jack Mevorach agrees with this answer

Jack Mevorach
Jack Mevorach
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: I'm very familiar with this scenario. The matter should be worked out, rather than litigated. Usually, the LL has a better chance of getting paid from a Purchaser than a TT who wants to sell. Hard to understand your LL's motivations.

Jack

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