The Tenant argued that the language of release and waiver in the tenancy agreement was non-extended because it was contrary to public order and the civil code section in 1953. The Supreme Court accepted the tenant and rejected the landlord`s application. Tenants who negotiate a commercial lease often face «owner-friendly» contractual clauses. A recent decision (May 7, 2019) referred to such a provision, in which it was stated that the tenant had waived his right to sue for the purpose of the tenancy agreement or to make a disclosure to that effect. The Tenant filed an appeal and sought an order from Yellowstone to delay the termination of his tenancy agreement, which the landlord claimed was in default. Despite the tenant`s argument that the waiver was non-acute, contrary to public policy, the New York State Court of Appeals upheld the provision and interrupted the tenant`s right to incretion. The decision makes it clear that commercial tenants must be careful when relinquishing their rights in a tenancy agreement, because the courts are reluctant to allow the parties to circumvent the application of a provision of the contract. But the Lewis Court of Appeal limited an owner`s legal obligation and verified «whether public order prohibits discharge clauses in a housing rental agreement that relate to so-called non-essential functions of the property.» It found that, with respect to these non-essential functions, landlords could use the rental rules to protect themselves. One of my tenants recently asked me if he could keep a friend`s little dog for a week while the friend is on vacation. I have a non-pet rule in my lease, but I have nothing against short-term stay. But if I allow the tenant to do so, I waive my right to apply this provision later, if he decides that he wants a permanent pet? With regard to residential rent, the tenant still has access to the property and, in fact, under the current locking rules, the tenant is now much more limited than ever to that space, so that the tenant must pay the rent, except: (i) the lease allows him to terminate prematurely; (ii) they enter into an agreement with the lessor for an early reduction or termination; or (iii) they receive an order from the DRC that they do not have to pay the full rent.

In the past, landlords with leases containing an «anti-waiver clause» (such as SFAA leasing) could bend the rules from time to time and avoid a permanent waiver. An anti-waiver clause is a leasing provision that resembles this: Scott E. Mollen, a partner at Herrick, Feinstein, refers to «SVC W. Babylon LLC v. 204 Great E. Neck Rd. LLC,» where the defendant prohibited the plaintiff`s option to renew the lease, and «Cayuga Indian Nation of New York v. Seneca County,» where it was established that sovereign tribal immunity prohibits the enforced execution of a county for non-payment of taxes.