Warning of Default on Commercial Lease - New York 2025

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A default is a failure to comply with a provision in the lease. Curing or remedying the default means correcting the failure or omission. A common example is a failure to pay the rent on time.
Typical events of default include non-payment of interest or principal, breach of representation, breach of covenant, cross-default, material adverse change and insolvency.
Typical events of default include non-payment or late payment of amounts due, breach of certain material representations and warranties or covenants, cross-default, breach of change of control provisions, and insolvency.
A potential event of default is a condition or circumstance that, with the passage of time or the giving of notice, would become an event of default. This gives the lender time to address the issue in good faith before it fully escalates.
Legal and Financial Consequences For Tenants Accumulating late fees can lead to financial strain, potential eviction, and legal action for unpaid rent. For Landlords Persistent defaults may result in lost revenue, legal costs, and challenges in re-leasing the property.
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Commercial leases require an effective default clause that allows the landlord to force a tenant to comply with all lease obligations. The default clause commonly provides the procedure for obtaining an eviction or the threat of an eviction for a commercial tenants violation of the lease.
The right to be free from harassment by a landlord. The right to be free from acts that produce waste or cause urban blight. Protection against recurring frivolous legal actions. Protection against repeated and unnecessary acts that interfere with a commercial tenants business.

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