Commercial Landlord-Tenant—Real Property Law §232-c Does Not Create a Month-to-Month Tenancy After a Lease Expires and Landlord Accepts Rent When an “Express or Implied Agreement Between the Landlord and Tenant Provides Otherwise”—Landlord Barred by Doctrines of Judicial Estoppel and Waiver From Asserting That Tenant Was Not a Month-to-Month Tenant
A tenant and a landlord entered into a commercial lease. The monthly rent was $33,333.33. The lease expired on March 31, 2010. The lease provided that if the tenant continued to occupy the premises after the lease’s expiration, the tenant would “pay use and occupancy charges ‘at the rate of two and one-half (2 1/2) times the daily rate of the fixed rent payable during the last month of the term’” (holdover rent).
