Skip to main content
contact us

Copyright SJKP LLP Law Firm all rights reserved

Real Estate Attorney Queens Secures Eviction After Rent Default



Real Estate Attorney Queens represented a commercial property owner in New York who was unable to recover possession of a retail building despite repeated rent defaults by the tenant.


Although the landlord attempted multiple negotiated solutions, the tenant continued occupying the premises without paying rent, causing substantial financial loss.


This case study explains how Real Estate Attorney Queens pursued a building eviction action under New York law and successfully obtained both possession and recovery of unpaid rent.

Contents


1. Real Estate Attorney Queens New York Case Background and Dispute


Real Estate Attorney Queens New York was retained by a landlord who owned a commercial building leased under a monthly rental agreement.


The dispute arose when the tenant repeatedly failed to pay rent and refused to vacate the premises after contract termination.



Commercial Lease Relationship and Rent Arrears


The client entered into a commercial lease agreement with the tenant under a monthly rent structure.


After a period of normal payments, the tenant claimed declining sales and requested extensions on rent deadlines.


The landlord agreed to several installment arrangements in good faith.


Despite these accommodations, the tenant accumulated approximately 70 million KRW in unpaid rent over six months.


Real Estate Attorney Queens noted that the tenant continued to occupy the property while effectively ceasing business operations.



Lease Termination and Continued Occupancy


Due to prolonged nonpayment, the landlord formally terminated the lease through written notice.


Even after termination, the tenant refused to surrender possession of the building.


The landlord was unable to lease the property to a new tenant, resulting in ongoing losses.


At this stage, Real Estate Attorney Queens advised that judicial eviction was the only viable option.



2. Real Estate Attorney Queens New York Legal Strategy


Real Estate Attorney Queens New York focused on establishing the legitimacy of lease termination and the tenant’s unlawful possession.


The legal strategy emphasized clear evidence and expedited recovery of the property.



Proving Lawful Lease Termination


Real Estate Attorney Queens organized payment records, lease terms, and written communications to demonstrate repeated and intentional rent defaults.


These records showed the tenant had ample opportunity to cure the breach but failed to do so.


The documentation eliminated ambiguity regarding the landlord’s right to terminate the lease.


This approach prevented the tenant from raising procedural defenses.



Emphasizing Ongoing Damages From Possession


Real Estate Attorney Queens argued that continued occupancy caused escalating damages beyond unpaid rent.


The tenant’s possession prevented re-leasing and diminished the property’s commercial utility.


The court was urged to consider not only past losses but also future harm.


This framing supported the need for prompt eviction and building delivery.



3. Real Estate Attorney Queens New York Court Decision


Real Estate Attorney Queens New York Court Decision

 

Real Estate Attorney Queens New York presented a structured and evidence-based claim before the court.


The court reviewed the lease history, payment defaults, and termination process.



Judgment Ordering Building Delivery


The court ruled that the lease termination was lawful and enforceable.


The tenant was ordered to immediately surrender possession of the building.


The landlord was authorized to deduct unpaid rent from the security deposit.


Real Estate Attorney Queens ensured the judgment addressed both possession and financial recovery.



Resolution of Occupancy and Financial Loss


With possession restored, the landlord regained control of the property.


The deduction of unpaid rent reduced the overall financial impact.


The case concluded with both the occupancy dispute and monetary issues resolved.


Real Estate Attorney Queens confirmed that the client could proceed with new leasing plans.



4. Real Estate Attorney Queens New York Guide to Building Eviction Actions


Real Estate Attorney Queens New York advises that building eviction actions require careful preparation and legal precision.


Such lawsuits are appropriate when a lawful owner cannot recover possession despite valid termination grounds.



Procedural Steps in Building Eviction Cases


Eviction actions typically begin with verification of termination grounds and occupancy status.


A formal complaint is filed in the appropriate court with clearly stated claims.


The tenant is given an opportunity to respond, followed by evidentiary hearings.


If the court rules in favor of the owner, enforcement may proceed through compulsory execution.



Key Precautions Before Filing Suit


Real Estate Attorney Queens emphasizes the importance of objective evidence of rent default.


Lease terms, termination notices, and payment histories must be clearly documented.


Failure to prove lawful termination can delay proceedings or result in adverse rulings.


Early legal review minimizes procedural risk.



5. Real Estate Attorney Queens New York Practical Checklist for Landlords


Real Estate Attorney Queens New York recommends assessing readiness before initiating eviction litigation.


Incomplete preparation can extend disputes and increase losses.



Eviction Preparation Checklist


  • Confirm lease terms and termination clauses.
  • Secure proof of unpaid rent and default history.
  • Document proper notice of termination or expiration.
  • Identify the actual occupant of the property.
  • Evaluate enforcement options after judgment.

 

Delays in filing can allow tenants to transfer possession or complicate enforcement.

 

Judgment alone does not guarantee recovery without proper execution planning.

 

Real Estate Attorney Queens reviews both litigation and enforcement stages to ensure practical results.

 

SJKP, through its Real Estate Attorney Queens team, assists property owners with commercial lease disputes, eviction actions, and possession recovery across New York.
 

SJKP provides end-to-end legal support, from pre-litigation review to court proceedings and enforcement.
 

If you are facing a tenant who refuses to vacate after lease termination, contact SJKP to discuss a tailored legal strategy.


16 Jan, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

Related practices


Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone