Best Eviction Lawyer in Queens | Secures Possession

The landlord in this case operated a small manufacturing business and leased a portion of a warehouse to a third party tenant for storage purposes. 

The lease term was one year, and it clearly stated the expiration date without any automatic renewal clause. After the lease ended, the tenant remained in possession and stopped paying rent.

Despite written demands and formal notices, the tenant neither vacated nor cured the default. 

Because the landlord needed the warehouse space for a new supply contract valued at approximately $85,000, the delay created measurable financial exposure. 

At this stage, pursuing informal negotiations was no longer commercially viable.

To establish unlawful occupancy, the landlord must demonstrate that the lease expired, proper notice was served when required, and the tenant continued possession without consent. 

In this case, the evidence package included:

The executed commercial lease agreement

A written notice confirming lease expiration

Certified mail receipts and affidavit of service

Payment history showing rent arrears

Photographic documentation confirming continued occupancy

New York courts require clear proof that the tenancy lawfully ended. Because the lease was for a definite term, no renewal rights existed, and the tenant’s continued presence constituted a holdover. 

Proper service of the termination notice eliminated procedural defenses and strengthened the landlord’s position at the initial appearance.

Under New York law, a landlord may recover use and occupancy for the period a tenant remains in possession after lease expiration. 

Courts frequently measure such damages by the agreed rental rate, unless evidence supports a higher fair market value.

In this case, the landlord demonstrated that the warehouse space was essential for fulfilling a pending commercial contract. 

Documentation showed that the tenant’s refusal to vacate delayed production scheduling and interfered with anticipated revenue. While speculative damages are not recoverable, courts may award unpaid rent, use and occupancy, and certain consequential losses directly linked to the unlawful possession.

The structured presentation of financial records, correspondence, and contract documents allowed the court to quantify a portion of the economic harm attributable to the tenant’s continued occupancy.

The court found that the lease had expired and that the tenant had no legal basis to remain in possession.

 A judgment of possession was entered in favor of the landlord, and a warrant of eviction was authorized. 

The court further awarded monetary damages for unpaid rent and post expiration use and occupancy.

Importantly, the court recognized that the tenant’s continued possession was not merely technical noncompliance, but a deliberate refusal to surrender the premises. 

As a result, the landlord secured both physical recovery of the warehouse and a financial judgment.

Under New York procedure, enforcement of the warrant is carried out by a licensed marshal after statutory notice periods expire. 

Proper timing and compliance prevent unnecessary delays and reduce the risk of motion practice seeking stays of eviction.