Adam Leitman Bailey and John Desiderio Self-Help Eviction in 2020/2021
Fifteen years after their article, "Self Help Evictions: The Neglected Commercial Remedy," Adam Leitman Bailey and John Desiderio address and update the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
December 15, 2020 at 01:26 PM
11 minute read
Fifteen years ago, on Aug. 10 2005, the authors wrote an article for this newspaper titled "Self Help Evictions: The Neglected Commercial Remedy." www.law.com/newyorklawjournal/almID/900005434523/selfhelp-evictions/. Since the publication of this article, it has been unanimous by all lower and appellate courts that self-help evictions are enforceable. As of the time of this writing, commercial judicial evictions are banned but extra-judicial evictions such as self-help are not only being used as an effective way to evict a commercial tenant but have been the only means since the pandemic started to garner a legal eviction.
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