Posted by Nadia on 9/15/05

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If commercial tenant cannot use part of the leased
premises (basement) for restaurant because Dept. of
Buildings does not permit it and condition can't be
corrected (architect said no), and the lease clearly says
restaurant and bar, what are the tenant's rights against
the landlord? Can tenant get security back? can he stop
paying rent and additional rent (his portion of r/e
taxes)? if yes, only for the basement or for the whole
premises? does he have to vacate/rescind lease?

any and all input will be greatly appreciated. I did some
research on westlaw and came up with conflicting cases.
Some say yes to rent abatement, some say no. THANK YOU!

commercial lease question , 9/15/05, by Nadia.

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