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If you’ve ever experienced a situation where a tenant has vacated its space, you might have been tempted to make use of that portion of your property while you pursue claims against the tenant for breaching its lease. But that could be a big mistake. A tenant could allege, and a court could agree, that by using the space for your benefit you’ve lost your chance to pursue your claims against the tenant that would allow you to collect monetary damages. A recent New York case shows owners why they should proceed with caution in this scenario.
