Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Landlord & Tenant Law

By New York Real Estate Law Reporter Staff
July 01, 2023

Tenant's Failure to Restore Premises At End of Lease Constitutes Breach

Valco Building and Maintenance Supplies Corp. v. Werweiss & Co, Inc., 2023 WL 2994971, AppDiv, Second Dept. (memorandum opinion)

In commercial tenant's action to recover a security deposit, tenant appealed from Supreme Court's award of damages on landlord's counterclaim for tenant's failure to restore the premises. The Appellate Division modified to reduce the award of damages, but otherwise affirmed, holding that tenant's failure to restore constituted a breach of the lease.

In 2008, the parties entered into a five-year lease of commercial property. Tenant made alterations to the premises, removed offices located within the leased space, and relocated the bathrooms. Before the end of the tenancy landlord's agent demanded that tenant restore the premises to the condition it was in at the outset of the lease. Tenant conducted some restoration but did not replace the offices and bathrooms it had removed. Tenant then brought this action to recover its $100,000 security deposit. Landlord counterclaimed for the amount necessary to restore the premises to its condition at the inception of the lease. After a nonjury trial, Supreme Court awarded landlord $596,894 plus prejudgment interest. Tenant appealed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Anti-Assignment Override Provisions Image

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?