The Complex Process Of Evicting Commercial Tenants

The Law Office of Seth Rosenfeld, Esq., serves both tenants and landlords in commercial leasing disputes. We have over 15 years of experience in this area of law, and we can help you defend your rights and protect your business interests.

Helping Commercial Landlords Address Problem Tenants

New York City real estate is in high demand, which means most landlords don't need to be overly accommodating to tenants who fail to pay rent on time or violate their lease. Nevertheless, proper procedure must be followed when evicting commercial tenants. Therefore, it is a good idea to seek the help of an experienced lawyer.

In response to a problem tenant, you cannot simply change the locks or remove the tenant's belongings. You can evict only with court permission, and that requires serving notice first. This could be a notice to vacate or "notice to cure," which gives the tenant an opportunity to remedy noncompliance with the lease. If the tenant fails to fix the problem or doesn't respond to the notices, you can then obtain a court order for eviction.

Our firm is ready to guide you through all aspects of the process and ensure that no steps are missed or overlooked. Strictly following procedure gives you stronger legal footing and often reduces the amount of time required to remove a problematic tenant.

Protecting Business Owners In Lease Disputes

Commercial leases afford fewer protections than residential leases. But as a business owner, you still have rights as a tenant that should be respected. For instance, a 2016 law protects commercial tenants from landlord harassment. Your landlord can be fined if he or she engages in behavior to interfere with your business to compel you to vacate the property or surrender leasing rights. The landlord (or an agent thereof) may interfere by:

  • Changing the locks or otherwise blocking entrance
  • Taking your personal property from the commercial space
  • Regularly interrupting or discontinuing essential services (heat, water, etc.)
  • Scheduling ongoing construction and other activities that make it harder to work in the space and may deter customers
  • Using or threatening force against you

If your landlord tries to evict you, he or she must follow proper procedure, including giving you notice and a chance to challenge the actions in court. You may be able to contest the allegations against you, even allegations such as nonpayment of rent, if there is a legitimate, landlord-related reason why rent was late or missed. In any case, it is important to seek help from a skilled lawyer like Seth Rosenfeld.

Questions About Your Commercial Leasing Rights? Contact Us For Answers.

The Law Office of Seth Rosenfeld, Esq., is based in Queens (Forest Hills neighborhood) and serves clients throughout the five boroughs. To take advantage of a free initial consultation with an experienced and knowledgeable attorney, call us at 800-699-1594 or fill out our online contact form.