Eviction Lawyer NYC Rent Default Commercial Eviction Case

The landlord owned a multi story commercial building and leased a ground floor unit to a retail tenant under a fixed term commercial lease. 

Monthly rent was due at the end of each month and the lease clearly defined nonpayment as a material default. 

Although rent payments were initially timely, the tenant began making late payments during the second year of the lease, which gradually escalated into complete nonpayment for several consecutive months.

As arrears accumulated, the tenant continued to occupy and operate the business, creating ongoing losses for the landlord. Informal negotiations failed to produce results, and the landlord determined that judicial intervention was necessary to protect ownership and income rights.

The eviction lawyer NYC conducted a detailed review of the commercial lease to confirm that rent nonpayment constituted a termination event and that no cure period remained outstanding. 

Payment records were analyzed to establish a clear pattern of substantial and ongoing default. 

Based on this review, the landlord was advised that the tenant’s failure to pay rent over an extended period justified termination and commencement of a commercial eviction proceeding.

Formal termination notices were prepared and served in compliance with New York procedural rules, ensuring that the tenant could not later challenge the validity of the termination. 

This step was critical in positioning the case for swift judicial review.

To establish unlawful holdover, the eviction lawyer NYC compiled objective evidence demonstrating that the tenant remained in possession after lease termination. 

This included photographs of the premises showing continued business operations, signage remaining in place, and utility usage records indicating ongoing activity.

Additionally, written communications between the landlord and tenant were introduced to demonstrate that the tenant had received notice of termination yet refused to vacate. 

These materials collectively supported a clear narrative of unlawful possession under New York commercial eviction standards.

The eviction lawyer NYC prepared and filed a petition seeking a judgment of possession and a warrant of eviction. 

The pleadings also included claims for use and occupancy damages covering the period of unlawful possession.

Recognizing that commercial tenants sometimes resist vacating even after judgment, the lawyer advised the client on post judgment enforcement procedures, including coordination with enforcement officers to ensure timely recovery of the premises if voluntary surrender did not occur.