If i have a expired commercial contract with tenant that is due for non-payment, can i self-help evict them?

Asked 12 months ago - Flushing, NY

This is the cause under default:
Upon default by Licensee of any of the terms or conditions of this License, Licensor may terminate this License or cure the violation at Licensee's expense and immediately recover from Licensee the amount of all expenses incurred (including legal fees) by Licensor to cure the violation. If Licensor terminates the License, and Licensee fails or refuses to vacate the Area, Licensor shall be entitled to enter the Area and remove all inventory equipment, machinery, trade fixtures and personal property (collectively the "Personality"), whether owned by Licensee or others. Licensee hereby grants to Licensor a security interest in the Personality to further secure the obligations of Licensee hereunder. Licensor may apply the proceeds received from any such sale

Attorney answers (3)

  1. 3

    Lawyers agree

    Answered . Dear Flushing Landlord:

    You likely did not draft this "License" agreement on your own, so you and your attorney must have devoted time to determining whether this clause could allow for self-help in event of a breach of lease and cancellation for a default in paying rent. The usual rule of thumb in New York, especially in NYC, is that commercial occupants in breach of the obligation to pay rent, must be sued in the NYC Civil Court, Commercial Landlord and Tenant Part, for nonpayment of rent by means of a summary nonpayment proceeding.

    A commercial lease or a license containing a conditional limitation clause purporting to allow the landlord to exercise self help is likely not enforceable. If the tenant visits an attorney, the threat to terminate the license based on a default in paying rent, may allow the tenant to gain a Yellowstone Injunction, and if so obtained, tie up the landlord in a litigation in Queens County Supreme Court for a long time.

    Consult with an attorney. Even if your interpretation is legitimate and correct, it is not likely a lawyer would recommend self-help over the usual route of a nonpayment proceeding. If the advice is wrong, or correct, but a court and a jury disagree and decide that the tenant was damaged as a result of an unlawful eviction, the monetary judgment the tenant gains could be significant and cost you title to the property.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  2. 2

    Lawyers agree

    1

    Answered . You should consult an attorney about the actual meaning of this lease clause and appropriate methods to enforce your rights as a landlord. Under no circumstances should you try to use self help to remove a commercial tenant (or purported "licensee") until you have consulted with an attorney. You run the risk of becoming liable for treble damages for conducting an illegal eviction.

    The above constitutes general information only and should not be considered legal advice.
  3. 2

    Lawyers agree

    Answered . "Self-help" is not favored by the courts. In fact, it can get you into a lot of trouble. I'd recommend that you find a good commercial attorney, or one who practices landlord-tenant law. Because of the way that license agreement was drafted, with what to me are many unenforceable provisions, you really need a lawyer.

    I am an attorney admitted solely in NY. None of the answers I submit on this forum constitutes legal advice,... more

Related Topics

Notice to vacate property

A notice to vacate is a written notice from a landlord telling a tenant to move by a certain date. Often you'll have 30 days to leave, but state laws vary.

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

33,794 answers this week

3,717 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

33,794 answers this week

3,717 attorneys answering