Legal Question in Real Estate Law in New York

I have commercial property in Southampton, New York. The tenants lease expired in October. They have not payed rent since January. Can I lock the doors to prevent them from conducting business and rent to someone else.


Asked on 3/19/12, 8:05 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

I have not seen the Lease, so I do not know if it has any self-help provisions, or requires that eviction litigation be initiated. Likewise, by accepting rent after the initial Lease expired may have initiated a new term and this may impact your rights. If there is any question of what you can or cannot do without Court intervention, seek eviction by the Court.

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Answered on 3/19/12, 8:19 am
Michael Markowitz Michael A. Markowitz, PC

There is no self-help in New York. And even if there was, it would be a very bad idea.

Please give me a telephone call. (516) 295-9061. I can help you.

Mike.

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Answered on 3/19/12, 8:23 am
Steven Czik CZIK LAW PLLC

Michael is right. You cannot just lock out a tenant even a commercial one. You must obtain a judgment and warrant of eviction from the courts. In order to do that you must first serve the tenant with proper notice. As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. A small mistake can set you back months in the process. 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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The information provided by Czik Law PLLC (CLP) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. CLP is not taking and will not take any action on your behalf and will not be considered your attorney until both you and CLP 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 CLP on terms acceptable to CLP, you are advised to immediately seek the services of another attorney.

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Answered on 3/19/12, 9:33 am


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