Legal Question in Landlord & Tenant Law in New York
Tenant refused to accept Notice of Termination
The lease for a storefront is due to expire on Dec. 31, 2008. I sent out the Notice of Termination on November 23 through certified mail. The tracking info I see is that a notice has been left on the 24th for the tenant to pick up at the post office, but she still haven't. I personally went over on Dec. 6th to give her a copy. But she refused to accept any paper. What should I do? I don't think sending her another certified mail will be accepted. She still owe me half month of rent from Nov. and full month of rent on Dec. What should I proceed next?
2 Answers from Attorneys
Re: Tenant refused to accept Notice of Termination
If there is a written lease that expires on December 31, there is nothing for you to do. The tenant already agreed to the expiration date before signing the lease.
You should wait until January 2, 2009 and start a summary proceeding (eviction). Do not take rent for January as that will cause the tenant to be a holdover month to month tenant.
I am experienced at handling commercial eviction proceedings. If you want you can telephone my office to discuss.
Mike.
Re: Tenant refused to accept Notice of Termination
You would need to institute summary proceedings for the tenant's eviction after January 1. We have substantial experience handling these types of cases, 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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