Real Estate Law Firm NYC Secures Warehouse Possession

1. Real Estate Law Firm NYC | Client Background and Property Use Conflic

The client was a Manhattan based business owner operating a light manufacturing facility that relied heavily on on site warehouse storage for raw materials and inventory staging.To monetize temporarily unused space, the client leased a portion of an auxiliary warehouse to a third party commercial tenant under a fixed one year lease, with the clear expectation that the space would be returned promptly upon lease expiration.

Lease Structure and Intended Warehouse Use

The written commercial lease limited the tenancy strictly to storage of manufacturing related materials and expressly provided for a nonrenewable one year term.

The warehouse space was functionally integrated into the client’s supply chain, making timely repossession critical to ongoing operations and future production planning.

No written renewal agreement or extension beyond the original lease term was executed, and any extension beyond one year would have required a written agreement to satisfy New York’s statute of frauds requirements under General Obligations Law § 5 703(2).

2. Real Estate Law Firm NYC | Holdover Occupancy after Lease Expiration

Following the lease’s December 31 expiration date, the tenant failed to vacate the premises and continued exclusive possession of the warehouse without the landlord’s consent.The tenant also stopped paying rent, creating a textbook commercial holdover tenancy under New York Real Property Actions and Proceedings Law (RPAPL) § 711(1), which governs continued occupancy after lease expiration.

Unlawful Possession and Ignored Vacate Demands

After the lease term ended, the landlord made repeated written and verbal demands for the tenant to surrender possession of the warehouse.

Despite receiving notice that the lease had expired and that no consent had been given for continued occupancy, the tenant refused to vacate the premises or resume payment.

Under New York law, a tenant who remains in possession after expiration of a fixed term commercial lease without permission is subject to a summary holdover proceeding pursuant to RPAPL Article 7.

3. Real Estate Law Firm NYC | Legal Strategy for Recovery of Possession

The real estate law firm NYC conducted a detailed review of the lease documents, possession timeline, and post expiration communications to confirm that the tenant held no continuing legal right to occupy the premises.Based on the undisputed expiration of the lease and the tenant’s refusal to vacate, the firm commenced a commercial holdover proceeding in the New York City Civil Court, the proper venue for landlord–tenant summary proceedings in Manhattan.

Evidence Supporting Termination and Possession Rights

The legal team submitted the executed lease agreement, documentary proof of lease expiration, written demands for surrender of possession, photographs confirming continued use of the warehouse, and financial records showing nonpayment after expiration.

Additional records demonstrated that the warehouse space was required for the landlord’s anticipated production and storage needs, underscoring the business necessity of prompt repossession.

Together, this evidence supported a finding that the tenant’s continued occupancy constituted unlawful holdover possession under RPAPL § 711(1).

Use and Occupancy Damages Arising from Wrongful Possession

In addition to possession, the firm sought recovery of use and occupancy for the period during which the tenant remained in possession after lease expiration.

Under RPAPL § 749(2), New York courts may award the reasonable value of the use and occupation of the premises during a holdover period.

The tenant’s continued occupancy deprived the landlord of control over the warehouse space and justified an award reflecting the fair rental value for the unlawful holdover period.

4. Real Estate Law Firm NYC | Court Decision and Case Outcome

The Civil Court ruled in favor of the property owner, finding that the tenant had no legal right to remain in possession of the warehouse after the lease expired.The court granted a judgment of possession and issued a warrant of eviction, restoring control of the premises to the landlord.

Court Ordered Possession and Monetary Relief

In addition to ordering surrender of the warehouse, the court awarded use and occupancy damages for the period of post expiration possession.

The decision reaffirmed that commercial tenants who ignore lease expiration and vacate demands face both eviction and financial liability under New York law.

Through timely legal action, the client regained operational control of the warehouse and prevented further disruption to its manufacturing business.

26 Jan, 2026