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

Q: can i add a clause stating that the tenant has no right to cure a breach on a commercial lease in NYC

2 Lawyer Answers
Jack Mevorach
Jack Mevorach
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: I don't think it would be enforceable, on several grounds.

Jack

Steven Warren Smollens agrees with this answer

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Queens Property Owner:

There are many forms of commercial leases available for use by property owners who choose to avoid using a lawyer (and that is never recommended). Some notions in law may stand in the way of a lease forfeiture without a right to cure in the event of a declared breach of the lease.

https://www.thefreelibrary.com/Conditional+limitation+clause%3A+a+powerful+remedy+for+landlord.-a017763084

Peter J. Weinman agrees with this answer

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