Legal Question in Real Estate Law in New York

Non-payment of rent.

Dear Lawyers, We own a building that has two stores. One is ours and the other is rented out. The owner of the other store has been our tennant for about 2&1/2 years now. He started off pretty good, as far as paying his rent was concerned. Last year he fell three months behind. We took him to court and the judge gave him untill the 31st of the month to pay in full. He did. It cost us about 450.00 to excercise this. He now is two months behind again. He has a really bad, non- caring attitude and whenever we ask him about the rent due, he puts us on the defensive and yells and fussess. He now says that he'll pay us when he can and to leave him alone. Our lawyer tells us that he's the one with the rights. Don't we have rights too. It seems to me that if I'm giving him a store, in good faith, and he does'nt pay us on time, or a reasonable amount of time, that the store is owned by us: our property and therefore should not we have the right just to get him out? It's extremely frustrating to be so powereless, especially when it's your own property.


Asked on 11/04/97, 8:12 am

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

Ask questions, take notes

I am certain your lawyer has told you *more* than that "the tenant's the one with the rights", even though that may be all you 'heard'.You must go back to your attorney and ask him to explain it to you again - this time, ask questions and take notes.Regards, etc.,

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Answered on 11/04/97, 4:44 pm


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