Brooklyn, NY asked in Contracts, Real Estate Law and Landlord - Tenant for New York

Q: Can I break a comm. office sublease in NYC if I discovered the Cert. of Occupancy is for storage only, not office use?

It’s a hosting agreement, avoids the word ‘lease’, so perhaps not technically a sublease.

I never took occupancy.

Landlord was ok with us delaying start date due to Covid19, but now wants to begin term.

In researching NYC phase 2 Covid19 reopening guidance, I discovered the building has only an S1 Storage C of O, no office use allowed.

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: It depends on the terms of your lease. If you took "as is" and there is no representation that it is for office use, you might have problems. If there is such a representation, you have a defense if the landlord comes after you for the money.

1 user found this answer helpful

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