Adam Leitman Bailey, P.C. Leads and Guides Owner on How to Legally Secure Possession of a Commercial Space During COVID-19

Adam Leitman Bailey, P.C. Leads and Guides Owner on How to Legally Secure Possession of a Commercial Space During COVID-19

Adam Leitman Bailey

Adam Leitman Bailey

August 11, 2021 11:43 AM

The COVID-19 pandemic gave rise to a plethora of executive orders and judicial memoranda that prohibit owners from enforcing their contractual rights against commercial tenants in default of their lease. Many New York City owners, in the exercise of good business sense and compassion, worked out deals with tenants during these harsh economic times. However, an owner’s hands are tied by a commercial tenant that refuses to communicate with its landlord towards structuring a resolution where both parties can survive the temporary, economic downturn that the pandemic struck across New York City. With what seemed like an unattainable goal in its prospect, Adam Leitman Bailey, P.C., strategized a resolution to relieve the constricted owner. After a careful re-examination of the law on exercising self-help against a commercial tenant, Adam Leitman Bailey, P.C. created a step-by-step process to guide an owner on how to peacefully and successfully execute a self-help eviction of commercial tenants during the pandemic, without litigation and without violating any executive order or judicial directive.

While the strategy does not apply in every tenancy, the firm’s process is proven effective and was even tested as early as the morning after a commercial landlord-client, under our guidance, reentered and took possession of its space overnight. The tenant repeatedly contacted the New York City Police Department who reportedly went to the premises the next day and several times over the two ensuing weeks. The police department threatened to arrest the landlord though when that heat came on, Adam Leitman Bailey, P.C. educated and convinced the officers that the issues are civil, non-criminal matters that must be resolved in court and most importantly cannot be resolved by an arrest. Ultimately, the landlord cooperated with the tenant and allowed supervised access for the tenant to obtain certain equipment that belonged to the tenant.

Adam Leitman Bailey, Dov Treiman, and Carolyn Z. Rualo of Adam Leitman Bailey, P.C. represented the landlord in this matter.

Trending Articles

Whistleblower Legislation Opens the Doors for More International Claims

by Justin Smulison

An Anti-Money Laundering Act, part of a recently passed Omnibus Budget in the U.S. Senate, is expanding protection for whistleblowers both domestically and internationally.

Shadow figure in spotlight against red and blue brick wall

The Best Lawyers in South Africa™ 2023

by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

Announcing the 2023 The Best Lawyers in America Honorees

by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Best Lawyers Voting Is Now Open

by Best Lawyers

Voting has begun in several countries across the globe, including the United States, the United Kingdom and Europe. Below we offer dates, details and answers to voting-related questions to assist with the voting process.

Hands holding smartphone with five stars above phone

Best Lawyers: Ones to Watch in America for 2023

by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Rising Transfer Taxes

by Angus C. Beverly

Transfer taxes in California are becoming a statewide trend with potentially national implications. Here is a breakdown of the effects in several cities.

State of California in orange with city in backdrop

Could Reign Supreme End with the Queen?

by Sara Collin

Canada is revisiting the notion of abolishing the monarchy after Queen Elizabeth II’s passing, but many Canadians and lawmakers are questioning if Canada could, should and would follow through.

Teacup on saucer over image of Queen's eye

Announcing The Best Lawyers in Australia™ 2023

by Best Lawyers

The results include an elite field of top lawyers and firms from Australia.

The Best Lawyers in Australia™ 2023

Famous Songs Unprotected by Copyright Could Mean Royalties for Some

by Michael B. Fein

A guide to navigating copyright claims on famous songs.

Can I Sing "Happy Birthday" in Public?

Announcing the 2023 The Best Lawyers in Canada Honorees

by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

What the Courts Say About Recording in the Classroom

by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

The Upcycle Conundrum

by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Caffeine Overload and DUI Tests

by Daniel Taylor

While it might come as a surprise, the over-consumption of caffeine could trigger a false positive on a breathalyzer test.

Can Caffeine Cause You to Fail DUI Test?

Wage and Overtime Laws for Truck Drivers

by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect

by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller


2022: Another Banner Year

by John Fields

Block O’Toole & Murphy continues to secure some of New York’s highest results for personal injury matters.

Three men in business suits standing in office