Commercial Landlord-Tenant—Landlord’s 5 Percent Late Charges and Electricity Charges Were Lawful—Usury, “Illegal Penalty” and Unconscionability Defenses Rejected—Commercial Leases “Will Not Be Upset By the Court” to Alleviate a Hard or Oppressive Bargain—Electric Charges Are Lawful Even if They Result in a Profit
A petitioner (landlord) had commenced a non-payment proceeding against the law firm respondent tenant. The lease obligated the tenant to pay a basic rent of “$7,398.66 per month for the months of January 2016 through December 2016, in advance of the 1st day of each month, plus additional rent as set forth therein including 993.45 per month for electricity plus late charges.”
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