Legal Effects of COVID-19 on NYC Commercial Leases | PropertyShark

Abstract

Pardalis & Nohavicka handles an eclectic array of matters, representing individuals and business owners in civil litigation, criminal cases and business transactions. In short, the result will be dependent on the negotiated terms in the lease. New York statutes are silent on this matter and thus, one should not rely on the courts for assistance. The burden of proof is very high for a tenant. If a tenant has any possibility of mitigating damages, they are not excused from their lease obligations. It must literally be impossible to have used the premises. The courts have not favored tenants. As such, the courts will construe this doctrine and have ruled that the terms called for in the leases are not dependent on profitability.