Glambosky and Honig Vanquish Former Commercial Tenant on behalf of Naftali GroupJuly 10, 2018 | |
Erez Glambosky and Jeremy Honig scored a significant victory on behalf of developer Naftali Group, by successfully defeating a commercial tenant’s illegal lockout proceeding.
The commercial tenant, a Pilates Studio, alleged that it had not surrendered the premises to the landlord. It never gave the landlord the keys or an affidavit acknowledging the surrender. The tenant claimed that the landlord changed the locks, illegally locking the tenant out of the premises.
After a lengthy oral argument, Glambosky and Honig were able to successfully demonstrate to the Court that the tenant intended to, and did, surrender the premises to the landlord since: (a) the parties expressly agreed that the tenant would surrender the premises to landlord; (b) the tenant moved substantially all of its property from the premises on the agreed upon vacate date; and (c) the tenant’s actions, being so inconsistent with the landlord-tenant relationship, indicated the tenant’s intent to terminate the lease.View Decision