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?


Asked on 12/11/08, 12:57 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

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.

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Answered on 12/11/08, 1:23 pm
Steven Czik CZIK LAW PLLC

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.

Law Offices of

STEVEN J. CZIK, P.C.

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New York, New York 10013

212.413.4462

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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 12/17/08, 12:18 pm


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