Legal Question in Real Estate Law in New York
I have 2 commercial stores. In Store # 2 i previously used it for a nail salon however because things are so slow i moved my nail salon to store #4 which is much smaller. On the lease has my company name but the nail salon is in my sister's name since she has the cosmetology license but its my store which i have an agreement between my sister and i stating this fact. No my Landlord has brought me into court for a holdover case because they said i sublet to her and didnt inform them of this fact which is stated in my lease. But clearly its not a sublet its my store thats run by me and my sister so my questions is did i need to still get permission from the landlord to do this. In addition, the Notice to Cure, Notice to Terminate and the Court papers all have the wrong address on them so i didnt even get any of them. My neighbor is the one who told me that i had court papers. Currently Ive asked my attorney to have this case dismissed for lack of service however the landlords attny informed my attny that they would just begin the process all over again anyway. Please give me some advice!!! Thank you!
2 Answers from Attorneys
Q. did i need to still get permission from the landlord to do this?
A. Maybe. If you physically operate the store with your sister, it is not a sublet. If you are a passive operator (just collect the rent), it would be a sublet.
Q. however the landlords attny informed my attny that they would just begin the process all over again anyway
A. He or she is probably correct. If you are paying rent, you are better-off negotiating an amicable resolution to this issue.
Mike.
We have substantial experience handling these types of cases, 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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