Legal Question in Landlord & Tenant Law in New York
Store Front Rental
I have a problem ,i currently rented a store front here in NYC and i have a 10 yr lease on this store front and ived discovered that the electricty is out of code and the landlord has beeting aruond the bush for about a month on this issue , well i got him an estimate on the job to bring it up to code and its going cost him about 10,000.00 dollars.
This affecting my bussines due to fact that the electricty keeps going out, last time we spoke i asked him for a rent abatement till this work gets done , he refused.
Now i find out the the support beam under my location is rotted out and the building is a bit tilted due to this support beam.
What are my right because i just found out the insurance co. will not insure my stor due to this.
Pls let me know what would be the right path, should i contact deptartment of buildings and if so should i contact a lawyer?
Thanks
4 Answers from Attorneys
Re: Store Front Rental
Due to the seriousness of this matter as well as the jeopardy of your own business receiving violations from several different city agencies this is a matter that should merit your immediate attention. You may have several
viable actions against your landlord including
constructive eviction and a loss of business claim. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: Store Front Rental
you have a lot of options - unfortunately most commercial leases do not allow you to take a setoff - however, you could sue to enforce the lease - you are being constructively evicted - call the building department - especially about the beam - unfortunately this could be a dangerous situation and condemn the building - if so, he will face liability for constructive eviction - and loss of business. If you wish to discuss this further, please call five one six. two four eight. four thousand.
Re: Store Front Rental
This situation is destructive to your business and you ahve many options. Start with the buildings department (DHC) and get them to declare the building 'non-conforming'.
If the building is found to not conform to the building code, then you can bring an action to force the landlord to remedy the violations.
If, after the building is found to be 'non-conforming' and the landlord refuses to fix the violations, tyhen you may find the lease invalid and bring an action for damages.
You don't need a lawyer to get the ball moving by asking for a buyilding code inspection.
you are welcome to a consultation for no fee. Email is best to amke an appointment.
Re: Store Front Rental
In addition to the prior information you've received, which I agree with, you may be entitled to monetary damages from your landlord if you can show that your business suffered as a result of his failures to provide you with adequate electricity.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.