Scott Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "The Shack Collective Inc. v. DeKalb Market Hall," "Cook v. Fairfax Mgmt Corp.," and "631 Edgecombe, LP v. Walker."
December 08, 2020 at 12:01 PM
14 minute read
Commercial Landlord-Tenant—Difference Between a License and a Lease—Court Dismissed Illegal Lockout Proceeding—Petitioner Was a Licensee, Not a Tenant—Under Certain Circumstances, a Landlord May Use Self Help Against a Commercial Tenant—Self Help Eviction Must Be Done in Peaceful Manner—Governor's Moratorium on Evictions Inapplicable to Prior Non-Monetary Breach
A petitioner sought an order pursuant to Real Property Actions and Procedure Law (RPAPL) §713(10) restoring it to possession of three food vendor spaces through a commercial illegal lockout proceeding. The petitioner sought treble damages for alleged property damage and losses pursuant to RPAPL §853.
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