Commack, NY asked in Landlord - Tenant for New York

Q: 501C3 school rents from local school district. NYS mandates space closed. Landlord forbides anyaccess. Is rent still due

Since mid March the ballet school is not allowed to hold classes nor enter the premises for any reason. This will go on until at least May 15th, possibly longer. The 501C3 has limited resources and the landlord, the Commack school district in NY is asking for rent to be paid during the time the school cannot even enter the building. The ballet school is under financial hardship at this time not being able to run the classes for tuition and feels that rent should not be due for the time the premises are not accessible at all. The high rental costs would cause potential risk to the continuation of the school for the future too.

Related Topics:
1 Lawyer Answer

A: To my knowledge the Governor has not stayed rental payments due to Covid-19. Practically speaking, the landlord cannot force payment at this time because the Courts are closed and all evictions are currently stayed. The rent may still be due, but the landlord does not have much recourse at this time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.