Owner's Refusal to Grant Access Equals Partial Eviction

Facts: An owner and a tenant entered into a lease agreement that gave the tenant exclusive access to the reception area, a lunchroom, a conference room, and reserved parking spaces. The property was eventually transferred to a new owner that refused to grant access to the areas that were previously agreed upon in the tenant's lease.

The tenant stopped paying rent and sued the new owner, alleging that the new owner had partially evicted it—essentially forcing the tenant out by making the space unfit for the tenant's use—by not allowing access to those areas. The owner then sued the tenant for unpaid rent.

Decision: A New York trial court ruled in favor of the tenant.

Reasoning: Because the owner refused to grant access to the areas after the lease was signed, the court ruled that the tenant was entitled to free rent until the access was restored. The court explained that a partial eviction can be based on a tenant's being deprived of the use of and access to certain parts of the premises, which is the case here.

• Sterling Investor Services Inc. v. 1155 Nobo Assoc's LLC, June 2008