Commercial Yellowstone Injunction

Commercial Yellowstone Injunction Philadelphia

What is a Yellowstone injunction?

A Yellowstone injunction is when a tenant requests that the court maintains the status quo of a business property lease agreement, when a landlord moves to evict the tenant under a lease default, giving them just days to cure the default. The Yellowstone injunction produced by The Court of Appeals decision, in 1968 (First Natl. Stores vs. Yellowstone Shopping Ctr., 21 N.Y.2d 630, 290 N.Y.S.2d 721), to extend noticed cure periods until the commercial lease dispute is resolved by the court. Under the Yellowstone injunction, the landlord cannot terminate the lease and allows the tenant the right to remedy the alleged default without the notice to cure expiring before you are able to put forward your case.

Yellowstone Injunction Philadelphia

Without the tenant using a Yellowstone injunction, the notice to cure would expire before the judge could ascertain whether the tenant defaulted or not, potentially unnecessarily terminating the lease, effectively putting the eviction on temporary hold. This allows the tenant the time they need to resolve the dispute with their landlord in or out of court.

The tenant will need to apply for a Yellowstone injunction swiftly as a court can only permit an injunction before the cure deadline expires. If the cure period has expired and the landlord has terminated the commercial lease, the court cannot act as a mediator.

If you are a business owner who has invested a lot of money and time in their business, particularly if the property is industrial, in retail, or an office etc. Your untimely eviction could destroy your commercial interest and or put your business out of action. To avoid this, you need to speak to our Philadelphia real estate attorney’s who can help you seek a Yellowstone injunction and enable you the time to fix any disputes with your landlord. Contact Best Real Estate Attorney Philadelphia today!

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