Legal Question in Business Law in New York

Business Landlord/Tenant issue

I am going to court next week, over

a nonpayment of rent issue. The

landlord just noticed (2/08) missing

checks, some dating back to 2003.

Are there any relevant NY cases (that

I can cite) that limit the time or

amount the landlord was able to go

back to collect? My answer included

laches, mitigation, waiver, breach,

unclean hands plus a couple of

others. The Landlord is very slow to

act when it requires spending money

to fix a problem as well (if he fixes it

at all). Any advice, help or being

pointed in the right direction will be

greatly appreciated.


Asked on 4/12/08, 10:45 pm

1 Answer from Attorneys

NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Business Landlord/Tenant issue

You can look into asserting the stale rent doctrine, although I don't know how applicable it would be to your facts.

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Answered on 4/13/08, 3:47 pm


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