How Do I Stop My Commercial Landlord From Terminating My Lease?

Your Business Is on the Line

When you receive a notice from your commercial landlord claiming you've violated your lease—and threatening termination—the clock starts running. For many Brooklyn business owners, that notice represents everything: years of investment, built-up clientele, employee livelihoods, and personal guarantees.

Commercial tenants don't have the same protections as residential tenants. If your landlord terminates your lease and you lose possession, getting back in is nearly impossible.

A Yellowstone injunction is the emergency brake.

What a Yellowstone Injunction Does

Named after the 1968 case First National Stores v. Yellowstone Shopping Center, a Yellowstone injunction is a court order that:

• Stops the termination clock from running on your lease
• Preserves your right to cure the alleged violation
• Maintains the status quo while the dispute is resolved
• Gives you time to either fix the problem or prove the landlord is wrong

Without a Yellowstone, your lease can terminate, and you lose your legal right to remain—regardless of whether you could have cured the violation or had valid defenses.

The Four Requirements

To obtain a Yellowstone injunction, you must demonstrate:

1. A commercial lease exists
The lease must be for commercial purposes. This remedy does not apply to residential tenants, who have other protections under Housing Court procedures.

2. The landlord issued a notice of default
You received a written notice—typically a Notice to Cure or Notice of Termination—claiming you violated the lease.

3. You file before the cure period expires
This is critical. You must apply to the court before the deadline in your landlord's notice passes. Once the cure period expires, you lose your right to Yellowstone relief.

4. You have the desire and ability to cure
You must demonstrate a genuine intention to fix the alleged violation and the capability to do so (if it's curable).

Miss any of these—particularly the timing—and your application fails.

Time Is the Enemy

Yellowstone injunctions are emergency motions for a reason. Commercial lease cure periods are often brutally short:

• 10 days for some violations
• 15-30 days for others
• Immediate termination for certain breaches (rare but possible)

If your landlord serves a Notice to Cure on a Monday with a 10-day period, you may have until the following Thursday to file. Factor in time to find an attorney, gather documents, and draft the motion—every hour counts.

Do not assume you can cure first and worry about legal action later. If the landlord disputes your cure, you'll need the Yellowstone protection to litigate without losing your lease.

Where to File in Brooklyn

Yellowstone injunctions are filed in Kings County Supreme Court, located at 360 Adams Street in Downtown Brooklyn—not Housing Court.

Nearest subways:

• Borough Hall (2/3/4/5/R)
• Jay Street-MetroTech (A/C/F/R)

Supreme Court handles commercial disputes and has different procedures than Housing Court. The filing fees are higher, and the motion practice is more formal. But for commercial tenants, this is the venue that matters.

Common Lease Violations That Trigger Termination

Commercial landlords send default notices for many reasons. Common triggers include:

Unauthorized use: Operating a business type not permitted under your lease (e.g., lease says "retail sales" but you're running a restaurant).

Assignment or subletting without consent: Bringing in partners, subletting space, or selling the business without landlord approval.

Failure to maintain insurance: Letting your commercial insurance lapse or failing to name the landlord as additional insured.

Alterations without consent: Making changes to the space—construction, signage, fixtures—without prior written approval.

Failure to pay additional rent: Non-payment of CAM charges, real estate tax pass-throughs, or other amounts beyond base rent.

Operating hours violations: Opening or closing outside permitted hours.

Nuisance or illegal activity: Conduct affecting other tenants or the building's operations.

Some violations are curable—you can fix them. Others may be deemed incurable by the lease language. A Yellowstone injunction gives you time to address curable violations and litigate non-curable ones.

What Happens After Yellowstone Is Granted

A granted Yellowstone injunction doesn't end your dispute—it pauses it.

Next steps typically include:

• Cure the violation within the tolled period (if curable)
• Litigate the underlying claims if you dispute the alleged breach
• Negotiate with your landlord on resolution
• Return to court if your landlord claims the cure was insufficient

If you successfully cure, you keep your lease. If you can't cure but have valid defenses, you'll litigate those in Supreme Court. The Yellowstone simply ensures you don't lose your lease while the dispute plays out.

What You Risk by Losing

Losing a commercial lease in Brooklyn means:

Immediate consequences:

• Eviction from the premises
• Loss of business operations
• Employees out of work

Financial consequences:

• Lost investment in buildout, improvements, equipment
• Liability under personal guarantees (common in commercial leases)
• Lost goodwill and customer relationships
• Potential breach claims for remaining lease term

Brooklyn's commercial corridors—Atlantic Avenue, Fulton Street, Fifth Avenue in Park Slope, Smith Street, Court Street—are full of small businesses that took years to build. A lease termination can unwind all of it.

The Cost Question

Yellowstone motions require attorney involvement. Supreme Court motion practice is technical, and errors can be fatal.

What to expect:

• Attorney fees for emergency motion preparation and appearance
• Supreme Court filing fees (several hundred dollars)
• Potential costs for expedited service

Compared to losing your business, these costs are manageable. But they're real, and you should discuss them upfront with any attorney you engage.

Act Now, Not Later

If you've received a Notice to Cure or Notice of Termination for your Brooklyn commercial space, do not wait. Do not assume you can fix it later. Do not let the deadline pass while you figure out what to do.

Call (347) 669-3256 immediately or visit 592 Pacific Street. I've been handling commercial lease disputes in Brooklyn since 2012.