Holdover Tenant Must Pay Its Share of Operating Expenses

After a tenant's lease expired, it remained in the space as a holdover tenant for several years. During the holdover period, the tenant didn't pay its share of the building's operating expenses. The owner sued to evict the tenant and to get the unpaid operating expenses.

A New York appeals court ruled that the tenant must pay its share of the building's operating expenses for the holdover period. The court noted that the terms and conditions of the expired lease continued to apply during the holdover period and that lease required the tenant to pay its share of operating expenses. Also, the owner had regularly billed the tenant for such payments, the court added [Triborough Bridge and Tunnel Authority v. Wimpfheimer].