Real Estate Law Firm New York City Commercial Possession Win

1. Real Estate Law Firm New York City | Client Background and Commercial

Lease Dispute The client was the owner of a multi unit commercial building located in New York City and had entered into a written commercial lease with a tenant operating a retail business under a monthly rent structure. After the tenant’s financial performance declined, the lease relationship deteriorated into a prolonged dispute centered on unpaid rent and continued occupancy without lawful basis.

Background of the Tenant Default and Lease Breakdown Several Months

After the lease commenced, the tenant informed the landlord that declining revenue made timely rent payments difficult and requested flexibility regarding payment deadlines.

Acting in good faith, the landlord permitted temporary installment payments and multiple extensions while clearly communicating that full payment would be required.

Despite these accommodations, the tenant repeatedly failed to cure the arrears, accumulating approximately six months of unpaid rent totaling a substantial sum, while continuing to occupy the premises without meaningful business operations.

2. Real Estate Law Firm New York City | Legal Assessment and Strategy

Development After informal efforts proved ineffective, the landlord consulted a real estate law firm New York City to assess whether continued tolerance of the tenant’s conduct would expose the owner to further financial loss or weaken enforcement rights. The legal analysis focused on whether the pattern of nonpayment and continued possession justified formal termination and court intervention under New York commercial leasing principles.

Establishing Lawful Termination and Right to Possession

The real estate law firm New York City reviewed the lease provisions governing rent obligations, default, and termination, confirming that repeated and material nonpayment constituted a clear breach.

A formal written notice terminating the lease was issued in compliance with the contractual terms, thereby extinguishing the tenant’s right to continued occupancy.

When the tenant ignored the termination notice and remained in possession, the firm determined that a commercial holdover proceeding was the appropriate legal mechanism to recover the premises.

3. Real Estate Law Firm New York City | Litigation Process and Court

Proceedings Once the tenant refused to vacate voluntarily, litigation was initiated to secure a binding court order restoring possession to the landlord. The real estate law firm New York City structured the case to minimize procedural delay and avoid unnecessary disputes that could prolong unlawful occupancy.

Evidence Focused Presentation to Support Possession Claim

The firm assembled a comprehensive evidentiary record including the executed lease agreement, detailed rent ledgers, written payment extensions, and the formal termination notice.

By emphasizing the repetitive nature of the default and the tenant’s lack of any credible plan to cure the arrears, the legal team demonstrated that continued possession caused ongoing harm to the property owner, including lost rental opportunities and diminished asset utilization.

4. Real Estate Law Firm New York City | Case Outcome and Practical Resolution

The court concluded that the lease had been lawfully terminated and that the tenant no longer held any legal right to occupy the commercial premises. As a result, judgment was entered in favor of the landlord ordering surrender of the building and restoration of possession.

Successful Recovery of Premises and Financial Mitigation

Following the judgment, the landlord regained control of the property and was able to offset a portion of the unpaid rent against the tenant’s security deposit, reducing the overall financial impact of the dispute.

By securing timely possession through court order rather than prolonged confrontation, the real estate law firm New York City enabled the owner to proceed with re leasing efforts and protect the long term value of the commercial asset.

20 Jan, 2026