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.

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1 Lawyer Answer
George E. Patsis
George E. Patsis
  • Landlord Tenant Lawyer
  • Lindenhurst, NY
  • Licensed in New York

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.

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