Legal Question in Real Estate Law in New York

Legality of Landlord asking me to sign commercial lease for my residential apart

My landlord had me sign a commercial lease, because the space I live in is considered commercial space, but the apartment is my primary residence and is not used as commercial space in any way. Is this legal for my landlord to have done? Are there any other legal implications from my being on this type of lease?


Asked on 2/04/04, 11:25 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Legality of Landlord asking me to sign commercial lease for my residential a

If the property is commercial, it is probably illegal for you to live there.

Furthermore, if the landlord is requiring you to sign a commercial lease, he knows it!

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 2/06/04, 8:53 am


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