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  1. #1
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    Jan 2013
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    Default Subtenant's Rights in a Commercial Building

    My question involves landlord-tenant law in the State of: new york

    i sublease an art studio from a man who's created a floor of studios. he is my landlord, but the building owner is his landlord. that, i think, makes me a subtenant. this is in a commercial building in NYC

    i know that somewhere there are laws protecting subtenants, but i can't find them. (and i have been on the internet for hours.)

    i have issues with my landlord and want to know my rights in regard to my lease, how long in advance i am supposed to be given a new lease, how much he is allowed to charge me. i just cannot find the place online to learn about these rights. can you point me in the right direction?
    thank you.

  2. #2
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    Default Re: Subleasing Rights in a Commercial Building

    It's just another form of tenancy. Your rights in relation to your landlord are that of any other commercial tenant.

    You appear to believe that as a commercial tenant you are entitled to the protections extended to residential tenants. Commercial tenants get far fewer legal protections than do residential tenants.

  3. #3
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    Default Re: Subleasing Rights in a Commercial Building

    Quote Quoting Mr. Knowitall
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    It's just another form of tenancy. Your rights in relation to your landlord are that of any other commercial tenant.

    You appear to believe that as a commercial tenant you are entitled to the protections extended to residential tenants. Commercial tenants get far fewer legal protections than do residential tenants.
    i actually don't believe that i have the protections of a residential tenant, but i believe i have protections can i would like to know what they are.

    can anyone point me in the direction of where i'd find the laws on this?

  4. #4
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    Default Re: Subleasing Rights in a Commercial Building

    Start here.

    Most of your protections will be found not in the statutes, but in your lease. A common commercial lease gives the tenant the inside of a box, with the landlord responsible for the outside structure and common areas. A typical commercial lease also permits the landlord to pass along the cost of significant repairs or maintenance (new parking lot lights, repaving, new roof, etc.) to the tenant.

    You can look for a law that says "The landlord must provide a new lease not less than X days before the current lease expires" or "A commercial landlord can charge no more than $Y per square foot" from now until the end of time - you won't find any such laws.

  5. #5
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    Default Re: Subleasing Rights in a Commercial Building

    Quote Quoting Mr. Knowitall
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    Start here.

    Most of your protections will be found not in the statutes, but in your lease. A common commercial lease gives the tenant the inside of a box, with the landlord responsible for the outside structure and common areas. A typical commercial lease also permits the landlord to pass along the cost of significant repairs or maintenance (new parking lot lights, repaving, new roof, etc.) to the tenant.

    You can look for a law that says "The landlord must provide a new lease not less than X days before the current lease expires" or "A commercial landlord can charge no more than $Y per square foot" from now until the end of time - you won't find any such laws.
    then how do i know if my landlord, the tenant, is acting illegally toward me? if it's not in the lease, or in the lease incorrectly, how do i figure this out?

  6. #6
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    Default Re: Subleasing Rights in a Commercial Building

    You find a law that says "They can't do X", and demonstrate that they are violating the law.

    The wrinkle here is that "There oughtta be a law" is "There is a law" are two different things. You feel you're being treated unfairly, but that of itself is not unlawful.

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