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Landlord-Tenant Litigation

Expertise in Landlord-Tenant Law >

Axelrod, Fingerhut & Dennis represents both landlords and tenants with regard to all issues arising out of rent regulated and free-market tenancies.

In addition, our commercial landlord-tenant expertise is vast and clients range from one of the nation’s largest shopping center owners to national and local retail chains to tenants in office or retail space.

Assisting Landlords >

Non-Primary Residence Proceedings

Owner Occupancy Proceedings

Non-Payment Proceedings

Holdover Proceedings

Rent Surcharge disputes

Administrative proceedings

Succession claims

Examples of Landlord Representation >

Prosecuted numerous proceedings and actions against tenants and proprietary lessees running B&B’s and engaging in short term Airbnb rentals

Vacated Entire Mixed Use Development Site
Vacated all residential and commercial tenants on site of large scale development through litigation and negotiation, allowing client to redevelop the entire site as planned

Collected Massive Rental Arrears
Succeeded in collecting rental arrears for 1,700 unit apartment complex and in regularizing collections by direction of all landlord-tenant litigation with a proactive, cost-effective strategy

Vacated Townhouse for Owner Occupancy
Successfully vacated townhouse so that purchaser could reside there with his family

Retail Eviction
Successfully evicted retail tenant in major shopping center and defeated tenant’s claim for recovery due to alleged improvement of premises

Diplomatic Immunity Eviction
Successfully prosecuted eviction proceeding against a foreign mission to the United Nations in Federal Court, avoiding a finding of Diplomatic Immunity and recovering possession for a sponsor of a cooperative conversion

Rent Strike
Acted as lead counsel in several rent strikes involving large (250 + units) buildings resulting in prompt and favorable settlements for owners

Examples of Tenant Representation >

Assisting Tenants

Non-Primary Residence Proceedings

Owner Occupancy Proceedings

Non-Payment Proceedings

Illusory tenancy issues

Co-Tenant disputes

Sublet/assignment/occupancy issues

Rent overcharge disputes

Administrative proceedings

Buy-out negotiations

Succession claims

Non-Traditional family disputes

Protecting Tenants' Rights >

Seven-Figure Buy-Out
Negotiated seven figure buy-out for rent regulated tenant

Rent Overcharge
Successfully litigated a DHCR proceeding challenging landlord’s rent increases based upon improvements winning tenant a six figure rent overcharge award and a rent roll-back

Succession Rights
Obtained succession rights to children of a departed rent stabilized tenant after jury verdict

Negotiated six figure settlement of non-primary residence case – even though landlord had videotaped tenant’s entry and exit for over one year

Non-Marital Partner
Successfully defended former partner and child from eviction action by child’s father

Buy-Out Agreement
Represented tenant to enforce a buy-out agreement after a landlord reneged on making required payment