The Process of Commercial Eviction in NYC: What Business Owners Need to Know
Plain and simple, eviction proceedings are not a good time for anyone involved. Generally, all parties are losing something, whether time, money or something else. In New York City, self-help evictions are prohibited. The landlord-tenant laws determine how commercial landlords and tenants can settle their disputes. Navigating the legal process of commercial eviction in NYC, however, can be complex and overwhelming. Understanding the steps and procedures involved is essential for a successful outcome.
In NYC, landlords can only recover possession of a space by obtaining a judgment of possession and an eviction warrant. To obtain this relief, a landlord will have to through the complete eviction process, which is filled with procedural hurdles. Failing to comply with these requirements can lead to delays, additional expenses, and potential legal consequences, including dismissal of cases. It is really important to have an understanding of the commercial eviction process to navigate it efficiently.
How long does it take to evict a commercial tenant NYC
When talking to a landlord about possibly getting back their rental property, they usually ask how long it takes to evict a tenant from commercial property. The short answer, unfortunately, is that it depends. The time it takes to resolve a landlord-tenant case depends on various factors and can vary greatly.
In NYC, evicting a commercial tenant can take a few weeks to several months, depending on the process. Generally, however, the expectation is that commercial eviction proceedings will be faster when compared to trying to evict residential tenants. Before going to court, there are several steps: receiving a notice, filing with the court, attending court hearings, filing motions, going to trial, being evicted, and filing post-eviction motions. There could be delays at any step. As a generality, evictions rarely occur in fewer than six months, and can only be longer from there.
What are the rules for eviction in NYC?
In New York City, evictions of both residential and commercial tenants are governed by the NYS Real Property Laws and Real Property Actions and Proceedings Laws. Commercial and residential eviction cases have similarities, but differ in notice timing. It’s important for landlords and tenants in NYC to understand the eviction rules to ensure a fair and legal process.
Serve Proper Notices
Much time and energy in commercial eviction cases is spent on determining whether the proper notices were served. Commercial lease agreements often require the landlord to notify the tenant if there has been a significant breach of the lease obligations.
For instance, many commercial leases will contain a lease provision stating that failure to cure a violation, such as failure to carry proper insurance, is a nonmonetary default of the lease. There will often be further language that the landlord must serve a notice upon the tenant and provide a certain amount of time to cure the nonmonetary default (in this example, obtain proper insurance).
If the tenant fails to cure the issue after service of default notices, only then can a landlord proceed to serve a predicate notice demanding possession. In the case where there is no lease, the only notice that would be required is a 30-day predicate notice to vacate.
Another major issue with notices will be how they are served. A valid lease usually includes a provision that specifies how notices should be sent, commonly by registered or overnight mail. With respect to any notices required under the law, such as a 30-day predicate notice, that must be legally served.
When it comes to proper delivery of these notices, you can try and do it yourself or hire a process server to take care of it for you. A process server is a trained and licensed person who serves legal documents, like eviction notices, in a professional and reliable way to avoid delays in the eviction process.
File the Eviction Petition in Court
After all requisite notices have been served, if the tenant hasn’t cured the issue, the next step is to file a notice of petition and petition. If a tenant hasn’t paid the rent after receiving a rent demand, the next step is to file a nonpayment proceeding petition. In the alternative, if you have served a 30-day notice to vacate and the tenant remains on the property after expiration of the time, the next step would likely be to file a petition for a holdover proceeding.
To evict a tenant, you need to follow a legal process. This involves obtaining a judgment of possession and warrant of eviction. Filing an eviction petition in court is the necessary step to legally remove a tenant from a property. Petitions and notices of petition have specific requirements. It is important to draft these documents correctly and include the necessary language.
Two Types of Commercial Tenant Evictions: Nonpayment or Holdover
There are two types of eviction cases in New York City – nonpayment or holdover. Every eviction case falls into one or the other. A non-payment case is one where there is a valid lease, and the tenant hasn’t paid their rent. In a nonpayment case, it’s simple: if the tenant pays rent, they can stay; if not, they get evicted.
A holdover case, on the other hand, is a case about possession of the property, and that there is an issue other than paying money. Generally, if a landlord can prove its case, possession must be delivered to the landlord, and the tenant will be evicted.
Once you’ve decided the type of case, the eviction petition gets filed in court. This involves submitting the necessary paperwork and paying a filing fee. After processing the petition, the next step is to provide the tenants with a copy of the notice of petition and petition, as required by law.
Landlord-Tenant Court Process: Conferences, Trial, Judgment, and Execution
At a high level, the landlord-tenant court process is streamlined: you appear for conferences to narrow down issues and explore possible settlement. If the case is not settled, the case is sent for trial. If the landlord wins at trial, a judgment of possession and warrant of eviction will be issued. After receiving the eviction warrant, the landlord can send it to a NYC marshal or sheriff to proceed with the actual eviction.
For a nonpayment case, they will need to prove that there was a valid lease, and that the tenant has failed to make one or more rent payments. To evict a tenant, the landlord must show that there has been a significant violation of the lease agreement, if there is one. If there is no lease, the landlord must prove that they have the legal right to take possession of the property.
On the other hand, tenants may raise any and all defenses to eviction. These may include, as touched upon earlier, failure to provide a requisite notice, failure to properly serve documents, or breach of the lease by the landlord, among others.
It should be noted that, under the law, entities are required to be represented by an attorney, and cannot be represented by non-attorney individuals, such as the business owner or manager.
When it comes to the actual eviction, only a Marshal or Sheriff can carry out the actual eviction. After a landlord obtains a judgment, paperwork has to be sent to the marshal or sheriff, including a copy of the Notice of Petition and Petition, a copy of any stipulation or order awarding judgment of possession, as well as a request for warrant. The marshal or sheriff office will then submit the request to the court. Once the warrant of eviction is issued, the landlord can coordinate with the marshal or sheriff office to serve the notice of eviction and schedule the actual eviction.
How do I stop an eviction in NYC?
If you’re facing an eviction in the 5 boroughs, there may be a few options available to you to potentially stop it.
One method is to obtain an Order to Show Cause, which is a legal request to the court that asks to temporarily stop the eviction process, among other requests for relief.
Another option could be to consider filing for bankruptcy, which can also put a hold on the eviction process.
One other option may be to work a post-eviction stipulation of settlement with the landlord, to be filed in court, to stay the actual eviction. This is often conditioned on the payment of rent, among other things.
It’s important to seek legal assistance from landlord-tenant lawyers who can help you understand your rights and options. They can also negotiate with your landlord on your behalf and help you build eviction defenses. Make sure to gather all relevant details and documents related to your eviction case, and follow the guidance of your legal counsel to take the proper steps to assert and preserve any legal remedies available to you. You may also want to inquire about the “Yellowstone” injunction, which protects commercial tenants from losing their lease due to default.
Is a 3 day eviction notice legal in NYC commercial cases?
Whether a 3 day eviction notice is legal in NYC commercial cases is really a commercial lease issue. In commercial eviction proceedings, the lease dictates the rights, obligations, and liabilities of the parties. If a commercial lease default provision allows for service of a 3 day eviction notice, then service of such notice is not only legal, but would also be required. Any other notices required under the laws, however, would still be required.
Can my landlord evict me without a lease in NYC?
In New York City, a landlord can definitely evict a tenant without a lease. This applies to both the residential and commercial contexts. In this holdover proceeding, a landlord need not state any reason for evicting the tenant.
Notwithstanding, landlords can’t just kick out a tenant without following the proper procedures. Actions like cutting off utilities or changing the locks would likely fall under the umbrella of a constructive eviction, and a tenant can request to be restored to the property. They must go through the legal eviction process, which involves filing a petition with the housing court, and obtaining a judgment from the court before they can physically remove you from the property.
Approaching a Commercial Tenant Prior to Eviction
It is always advisable that the parties try to work out a resolution without going to court. The court process costs time, money and energy for all parties involved. If there is an opportunity to create a resolution before going to court, it would be highly advisable to approach a commercial tenant prior to starting an eviction case.
The Law Office of Richard Kistnen Provides Representation of Commercial Landlords and Tenants in New York City
Commercial evictions can occur for various reasons, such as nonpayment of rent, violating lease terms, or simply the landlord wants the space back. New York, however, provides specific procedural requirements and it is important to navigate these laws carefully.
Commercial evictions in NYC can be complex and overwhelming for both landlords and tenants. Keep in mind that if you are a corporate entity, you must be represented by a lawyer in court. At the Law Office of Richard Kistnen, we are here to assist you every step of the way. If you have any questions or concerns regarding a possible commercial eviction, we encourage you to contact us right now, as time is of the essence in eviction cases. Whether you are a commercial landlord seeking to protect your property or a tenant facing eviction, we are ready to provide you with the guidance and support you need. Don’t hesitate to reach out to us by calling (718) 738-2324, or for a no-obligation virtual consultation by clicking here.
Frequently Asked Questions
How far behind in rent before eviction in NYC?
In New York City, there is no specific minimum amount of unpaid rent required to start a commercial eviction. However, it is important to note that there may be questions about time and money – whether it’s worth it to start an eviction case if if the amount is under a certain threshold.
Who enforces evictions in NYC?
Only a Marshal or Sheriff has the authority to carry out an eviction. After a landlord gets a judgment, they must send the required documents to the marshal or sheriff office, including copies of the Notice of Petition and Petition, any order awarding possession, and a warrant request. The marshal or sheriff office will then send the request to the court. Once the eviction warrant is issued, the landlord can work with the marshal or sheriff office to serve the notice of eviction and schedule the eviction.
Can a landlord evict you without going to court in NYC
In NYC, landlords can only get their space back by going through the complete eviction process, which includes getting a judgment of possession and warrant of eviction. This process has a number of procedural requirements steps which, if not done correctly, create significant challenges.