Commercial Lease Dispute Lawyer in Kings County (Brooklyn), NY
A commercial lease dispute in Kings County can involve significant financial exposure under New York’s CPLR and Real Property Law. Law Offices Of SRIS, P.C. provides focused representation for landlords and tenants facing issues like eviction, rent escalation, or breach of covenant.
New York Law on Commercial Lease Disputes
Commercial lease disputes in New York are governed by a combination of statutory law and the specific terms of the lease contract. The primary legal framework includes the New York Real Property Law (RPL) and the Civil Practice Law and Rules (CPLR). For instance, RPL Article 7 outlines summary proceedings to recover possession of real property, which is the legal mechanism for commercial evictions. The CPLR governs all civil court procedures, including discovery, motions, and trials. In Kings County, the Supreme Court has unlimited jurisdiction over these matters, and qualifying high-value business disputes may be heard in the Commercial Division, which aims for expedited resolution.
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of the laws governing commercial leases and civil procedure, refer to the New York Real Property Law (official New York State Senate) and the Kings County Supreme Court website (official New York Courts).
Handling a Commercial Lease Case in Kings County
Kings County Supreme Court has unlimited civil jurisdiction, and its Commercial Division handles business disputes meeting specific thresholds. The process is dictated by the CPLR. A key local procedural fact is that the court requires strict adherence to filing deadlines and motion practice. For a commercial lease dispute, the typical path involves filing a summons and complaint, engaging in discovery, and potentially moving for summary judgment.
- Serve a proper notice (e.g., 10-day notice to cure for lease violations) as required by your lease and RPL § 711.
- File a summons and complaint or petition in Kings County Supreme Court, paying the required index number fee.
- Proceed through the discovery phase, which may include demands for documents, interrogatories, and depositions.
- Consider pre-trial motions, such as a motion for summary judgment to resolve the case without a trial if no facts are in dispute.
- Prepare for and attend settlement conferences, which are commonly ordered by the court.
- Proceed to trial if a settlement cannot be reached, presenting evidence and arguments before a judge or jury.
Potential Outcomes in a Lease Dispute
In Kings County, a commercial lease dispute can result in monetary damages, eviction, lease reformation, or injunctive relief, governed by the lease terms and New York law.
| Action | Legal Basis | Potential Outcome | Monetary Exposure |
|---|---|---|---|
| Non-Payment of Rent | RPL Article 7, Lease Terms | Money judgment, eviction (warrant of removal) | Back rent, fees, interest at 9% |
| Holdover Proceeding | RPL § 711(1), Lease Expiry | Possession of premises | Use & occupancy, legal fees |
| Breach of Covenant | Lease Terms, RPL | Damages, specific performance, injunction | Compensatory & consequential damages |
| Constructive Eviction | Warranty of Habitability (commercial implied) | Lease termination, damages | Relocation costs, lost profits |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Commercial Disputes
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience, our firm handles complex civil litigation. Our approach is direct and focused on the specific facts of your commercial lease issue. While we do not have a verifiable, locality-specific case count for this topic in Kings County, our firm-wide experience across multiple states informs our strategy for each new case.
Legal Representation in Kings County
Our firm represents clients in commercial lease disputes throughout Kings County. We understand the local court procedures and the judges’ expectations. If you are a landlord or a tenant facing a lease conflict, securing experienced counsel early can affect the direction of your case.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Our New York location serves clients with matters at Kings County (Brooklyn) courts. We are accessible via major routes including the BQE (I-278). We provide representation for businesses and individuals across Brooklyn neighborhoods, including Downtown, Williamsburg, Park Slope, DUMBO, and Brooklyn Heights. Contact us for a 24/7 phone consultation at (888) 437-7747; meetings are by appointment only.
Commercial Lease Dispute FAQs
What is the most common cause for a commercial eviction in New York?
Yes, non-payment of rent is the most common ground. Under New York Real Property Law Article 7, a landlord can begin a summary proceeding to recover possession and a money judgment for unpaid rent after providing proper notice as required by the lease.
Can a landlord lock out a commercial tenant without a court order?
No. A commercial landlord in New York cannot engage in “self-help” evictions like changing locks or removing property. The landlord must file a summary proceeding in court (like Kings County Supreme Court) and obtain a judgment of possession and a warrant of eviction executed by a sheriff or marshal.
What defenses can a commercial tenant raise against an eviction for non-payment?
It depends. Defenses may include proving rent was paid, the landlord accepted late payment, the notice was defective, or the landlord breached the lease (e.g., failed to provide essential services, constituting constructive eviction). Each defense requires specific evidence and legal argument.
How long does a commercial eviction case typically take in Kings County?
The timeline varies. An uncontested case might resolve in 2-3 months. A contested case with discovery and motions can take 6 to 12 months or longer, especially if it proceeds to trial in Kings County Supreme Court. The Commercial Division may have expedited schedules.
Are attorneys’ fees recoverable in a commercial lease dispute?
It depends on the lease terms. Most commercial leases contain a clause stating the prevailing party in a dispute is entitled to recover reasonable attorneys’ fees and costs. Without such a clause, each party typically bears its own legal fees unless a specific statute applies.
Related Legal Services
If you are dealing with a commercial lease issue, you may also need guidance on related matters. Our firm handles various civil and business disputes. For broader business legal needs, see our Kings County Business Lawyer page. For other contract issues, visit our Kings County Contract Lawyer page. For a full view of our civil litigation practice in New York, refer to the New York Civil Litigation Lawyer hub. We also represent clients in nearby areas like Albany County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.