Legal Question in Real Estate Law in New York

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.

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.

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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