A landlord commenced a commercial ejectment action, seeking to evict a tenant which operated a car wash and automotive lube shop (car wash). The landlord commenced the action on Sept. 4, 2020. The tenant served an answer with counterclaims. The landlord then sought an order directing payment of “prospective and retroactive use and occupancy (U&O).”

The lease had been entered into in 2010, for a 25-year term and required the tenant to pay a base rent, real estate taxes, insurance and costs for maintenance and repairs.

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