Legal Question in Real Estate Law in New York

converted space
I have two leases one residential and one commercial. I rent the second floor of a 21 unit residential apartment building. The certificate of Occupancy states the second floor is one store and one apartment. I rented them at the same time in order to live on one side and run an art business on the other side. An interior opening that was in place before I moved in connects the two sides.
Both sides are jointly wired breaker box on the residential side, which as it may turn out,The residentual side is a rent stabilized apartment illegally converted. I am in a rent strike for this and other legal issues. The landlord has not brought any action on the commercial lease aside from a 3 day notice. Can the landlord enter and remove access to the commercial side considering the commercial lease states after ten days non-payment he may enter and take possession

Asked on 1/13/03, 3:15 pm

Lisa Breier Urban Breier Deutschmeister Urban & Fromme

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Re: converted space

No he cannot. The landlord would have to start an eviction proceeding and obtain a possessory judgment. If you need legal assistance, please call.

Answered on 1/13/03, 3:43 pm

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