Tenant Landlord Lawyer NYC Secures Possession

The property owner leased a logistics storage warehouse in New York City to a commercial tenant for a two year term. 

The written lease required surrender of the premises in broom clean condition at the end of the term.

Before the lease expired, the landlord notified the tenant in writing that no renewal would be offered. 

The tenant acknowledged the expiration date but delayed vacating, citing the need for additional time to remove stored inventory and installed equipment.

Weeks passed after expiration, and the tenant remained in possession. 

As a result, the landlord was unable to enter into a new lease with a replacement tenant, which caused lost rental income and disrupted business planning.

To succeed in a holdover case, the landlord must establish:

ㆍThe existence of a valid written lease.

ㆍExpiration of the lease term without renewal.

ㆍProper notice of termination or non renewal where required.

ㆍContinued possession by the tenant without legal right.

In commercial tenancies, if the lease term ends by its own terms and no renewal right is exercised, the tenancy typically terminates automatically. 

However, a written notice confirming non renewal strengthens the record and reduces procedural defenses.

The court focuses on possession, not fault. The tenant’s need for additional time to remove equipment does not create a legal right to remain absent a new agreement.

The landlord’s legal strategy emphasized that:

ㆍThe lease expired on a date certain.

ㆍNo month to month tenancy was accepted or created.

ㆍNo rent was accepted after expiration that would imply renewal.

ㆍContinued occupancy interfered with the landlord’s right to re let the property.

Under New York law, acceptance of rent after expiration may create a month to month tenancy pursuant to Real Property Law principles governing holdover tenancies.

Therefore, the landlord avoided accepting post expiration rent, preserving the holdover posture.

The petition sought a judgment of possession and, where appropriate, use and occupancy for the period of continued possession.

The court determined that:

ㆍThe lease had expired by its own terms.

ㆍThe landlord had clearly communicated non renewal.

ㆍThe tenant lacked legal justification to remain.

As a result, the court issued a judgment of possession in favor of the landlord. After issuance of a warrant of eviction, enforcement could proceed through a New York City Marshal, subject to statutory notice periods.

The landlord regained control of the warehouse and was able to move forward with a new commercial lease arrangement.

ㆍAlways review lease termination clauses and notice requirements.

ㆍAvoid accepting rent after expiration unless intending to create a new tenancy.

ㆍServe legally compliant notices before commencing proceedings.

ㆍDocument all communications regarding surrender and possession.

New York courts strictly enforce procedural requirements. Even a technically valid claim may be delayed or dismissed if notice or service rules are not followed.

For commercial landlords in NYC facing a tenant who refuses to vacate after lease expiration, a structured legal approach under the Real Property Actions and Proceedings Law can secure possession and protect future rental income. 

With careful planning and court compliant procedure, similar outcomes may be achieved in comparable disputes.