Commercial eviction lawyer for Capital Region landlords

A commercial landlord recovers possession through the same special proceeding a residential landlord uses, on the grounds the statute lists (RPAPL 711). Two of them are covered here.

Unpaid rent

A nonpayment case is built on a rent demand in writing that allows at least 14 days and asks for the rent or the premises (RPAPL 711(2)).

A lease or tenancy that has ended

A holdover case follows when the tenant stays after the term without the landlord’s permission (RPAPL 711(1)). For a business on a month-to-month arrangement outside New York City, the landlord can end the tenancy by notifying the tenant at least one month before the term expires (RPL 232-b).

A commercial lease can also set its own notices, cure periods, and ways the term ends, so we read the lease before any notice goes out.

Several protections in New York law are written for homes and don’t reach a business tenancy:

• Good Cause Eviction covers residential premises (RPL 211(1), 214); see Good Cause Eviction compliance.
• The 30, 60, or 90-day notice before not renewing applies to a residential dwelling unit (RPL 226-c(1)(a)).
• The court’s power to hold off a warrant for up to a year applies to premises occupied for dwelling purposes (RPAPL 753(1)).
• The rule limiting a case to rent alone, without other fees, charges, or penalties, is written for a residential dwelling or housing accommodation (RPAPL 702(1)).

Other rules apply to business and residential tenants alike in a case for unpaid rent. Before a warrant issues, a tenant can stay it by depositing the rent due, any interest and penalty, and costs with the court (RPAPL 751(1)). After a judgment for unpaid rent, the court vacates the warrant if the full rent due is tendered or deposited before it is carried out, unless the landlord shows the rent was withheld in bad faith (RPAPL 749(3)).

We start with the lease and any amendments, any guaranty, the rent ledger, and any notice already sent. We also confirm the tenant’s exact legal name, since a business tenant is often an entity, and who else occupies the space, so the petition names everyone it needs to.

A corporation, whether landlord or tenant, generally must appear in court through a lawyer, subject to exceptions in the court acts (CPLR 321(a)). Our attorney reviews each matter before we agree to take it, and how it works walks through the stages.

The case is filed in the local court for the area that includes the property (RPAPL 701(2)): a city court, such as those in Albany, Schenectady, Troy, and Saratoga Springs, or a town or village justice court, among the courts the statute names (RPAPL 701(1)). We handle commercial cases in courts across Albany, Schenectady, Rensselaer, and Saratoga counties. A judgment for possession is enforced by a warrant, carried out by the officer it is directed to (RPAPL 749(1), (2)(a)).

Commercial cases aren’t part of the residential flat fee; see commercial evictions on our pricing page. Email us about your case, and we will send a quote after our review. The quote states the work it covers and any additional costs that could apply, and it comes in writing before you pay anything.