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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 53920
Experience:  Experience representing landlords and tenants.
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Need some insight into a question regarding a commercial

Customer Question

need some insight into a question regarding a commercial lease in the state of NY, not NYC regarding quiet enjoyment covenant
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I just told you
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No......the short version is this.......I am a chiropractor that has approx. 1650 sq feet and have a chines restaurant next door to me sharing a common firewall and the noise that comes from them during normal business hours essentially makes approximately 600 square feet unusable i.e. for treatment, massage therapist etc due to the noise
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 month ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 1 month ago.

I am a lawyer in NY. From facts you mentioned, LL is in breach of the lease, not giving you quiet enjoyment. Normally, this is cured by having LL speak to tenant and also applying padding to walls where feasible to reduce noise. If not feasible or done, you may seek a rent adjustment or to end tenancy and secure return of rent. If a lawsuit is needed, you may seek lost revenues as incidental and consequential damages, reasonably forseeable.

Expert:  Infolawyer replied 1 month ago.

Kindly select a five star rating for the answer.

Expert:  Infolawyer replied 1 month ago.

Thanks in advance.

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