This case study explains how an eviction law firm near me in New York successfully represented a commercial property owner in a contested holdover eviction involving prolonged nonpayment of rent and continued possession without lawful business operations. The matter highlights how New York courts analyze lease termination, unlawful occupancy, and possession rights under state real property statutes. Through structured legal action and evidentiary development, the landlord obtained a court ordered judgment of possession and property recovery.
1. Eviction Law Firm Near Me New York | Client Background
The client was the managing owner of a multi unit commercial building located in Queens, New York, responsible for lease administration, tenant relations, and overall property operations. One retail unit within the building had been leased to a small business tenant under a written commercial lease agreement with fixed monthly rent and a security deposit. Over time, the client noticed that the tenant’s business activity significantly declined and eventually ceased altogether, while possession of the premises continued.
Commercial Lease Structure and Initial Compliance
The lease provided for a multi year term, monthly base rent, and permitted use limited to retail operations. For the initial portion of the lease, the tenant operated a storefront business and paid rent on time, establishing a clear pattern of compliance under the agreement.
However, the lease also contained default provisions allowing termination upon nonpayment of rent and abandonment of business operations, consistent with New York Real Property Law § 232-c and applicable lease enforcement standards.
2. Eviction Law Firm Near Me New York | Tenant Default and Possession Issues
As the lease term progressed, the tenant discontinued regular business operations and stopped opening the premises to the public. Despite the cessation of commercial activity, the tenant retained exclusive possession by keeping keys, signage, and fixtures in place. During this period, the tenant accumulated substantial unpaid rent totaling approximately $85,000.
Rent Arrears and Unlawful Holdover
The landlord made repeated written and verbal demands requesting either payment of arrears or voluntary surrender of the premises.
These efforts were ignored, leaving the space unusable and preventing re leasing to a new commercial tenant.
Under New York Real Property Actions and Proceedings Law § 711, continued possession after lease termination without payment constituted an unlawful holdover, providing statutory grounds for eviction.
3. Eviction Law Firm Near Me New York | Legal Strategy and Court Action
After consultation with an eviction law firm near me, the client initiated a commercial holdover eviction proceeding in the appropriate New York Civil Court. Counsel prepared and served a proper Notice of Termination in compliance with RPAPL § 735 and CPLR service requirements. The legal strategy focused on demonstrating lawful lease termination, ongoing possession without right, and material financial harm to the property owner.
Evidence of Lease Termination and Continued Occupancy
The legal team submitted the executed lease agreement, rent ledger records, bank statements, written demand notices, and dated photographs confirming that the premises remained vacant yet controlled by the tenant.
Testimony and documentary evidence established that the tenant neither resumed operations nor relinquished possession after receiving multiple opportunities to cure the default, supporting a finding of willful holdover.
4. Eviction Law Firm Near Me New York | Case Outcome and Judgment
The New York court found that the lease had been properly terminated and that the tenant’s continued possession was unlawful under RPAPL § 711(1). The court granted the landlord a final judgment of possession and issued a warrant of eviction. As a result, the client regained control of the commercial unit and proceeded with securing a new tenant, restoring normal property operations and cash flow.
Practical Impact for Commercial Landlords
This case demonstrates how timely action and structured legal enforcement can protect commercial property rights under New York law.
Working with an experienced eviction law firm near me allowed the landlord to resolve a prolonged occupancy dispute efficiently and within statutory frameworks.
