Legal Question in Landlord & Tenant Law in New York

How long do I have before eviction as a commercial tenant in Brooklyn, NY

I started a new business about 8 months ago. I am having some real financial difficulties. I do not have the money to pay September's rent in full. I offered the landlord to pay 70% of the rent and that I needed some more time to pay the rent. The landlord refused and filed a notice of petition non-payment business. I have invested everything I own into this business (200,000) and I do not want to give up. I understand the landlord's need to pay the rent. I believe that in a couple of months I can turn things around. If I don't make it in this business I would be financially ruined.

My question is if I cannot come up with the money, how long will it take my landlord to evict me? Also, if down the line I come up with the rent can I stay if I pay it?

I have invested over 30,000 in installing my machinery at the location.

Also, when I first rented the place, I was orally promised the place on the 25th of the month. The existing tenant did not surrender the place until the 10 of the next month. Because of the above I had scheduling conflicts and the rigging company and installer pushed back my install date for over a month. The landlord originally refused to compensate me. Do I have any recours?


Asked on 10/03/07, 5:59 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: How long do I have before eviction as a commercial tenant in Brooklyn, NY

Q. My question is if I cannot come up with the money, how long will it take my landlord to evict me?

A. It depends on where the action was commenced. In Nassau County for a commercial eviction, approximately 30 to 60 days.

Q. Also, if down the line I come up with the rent can I stay if I pay it?

A. After the Judgment of Possession and Warrant of Eviction is issued, no.

Q. Also, when I first rented the place, I was orally promised the place on the 25th of the month. The existing tenant did not surrender the place until the 10 of the next month. Because of the above I had scheduling conflicts and the rigging company and installer pushed back my install date for over a month. The landlord originally refused to compensate me. Do I have any recours?

A. Assuming you have a written lease and assuming these issues are not in writing, no.

Mike.

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Answered on 10/04/07, 8:32 am
richard feldman richard d. feldman

Re: How long do I have before eviction as a commercial tenant in Brooklyn, NY

An attorney who knows the system can get time for you to try to recoup. prior to a warrant of eviction you can always pay the rent due and maintain possession.

I have represented many clients in your situation.

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Answered on 10/03/07, 6:52 pm
Steven Czik CZIK LAW PLLC

Re: How long do I have before eviction as a commercial tenant in Brooklyn, NY

Commercial actions in Housing Court are usually much quicker as you don't have as many rights and defenses available as those afforded Residential tenants. There are ways and methods by which to extend your time that we can achieve. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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New York, New York 10013

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 10/08/07, 12:55 pm


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