A commercial tenant is refusing to relinquish the property even though:
1. Tenant refuses to buy insurance which was required by the lease
2. Lease is no longer in effect due to above and also the lease has expired and notice was never given to extend.
3. Tenant is not paying rent
What is the most efficient way to remove the commercial tenant short of evicting them via the courts (which will take weeks/months)? What other options are available?
Unfortunately, you will most likely be required to proceed through the Courts. However, in such holdover proceedings, a landlord would be entitled to the "use and occupancy" (another term for rent) while the tenant is in possession and delaying the proceeding. You should consult with a knowledgeable attorney as the particular provisions of the lease should be reviewed before your answer can be fully responded to.
No other options. There was a housing judge many years ago who NEVER awarded attorneys' fees because he said it was a "cost of doing business." He was wrong about that, BUT hidden inside that error was a piece of wisdom: When you rent premises to a tenant, build into the profitability of the rent the expenses you will have with attorneys and, if at all possible, put away a war chest for the purposes. Many tenancies go for years without a problem, BUT it doesn't take many problems to really deplete your resources.
Dear New York Commercial Property Owner:
With the lease over the tenant's defaults are not the main reason for a commercial landlord and tenant proceeding. If the lease is over now, you may commence your summary holdover proceeding right away. If you let time go by, you may need to terminate the month to month tenancy even if the tenant did not pay rent after the end of the lease.
The Court system is the efficient way to remove your tenant, short of paying your tenant money to leave,
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
If you want the tenant removed with certainty then an unlawful detainer petition is required
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