How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawHelpNow Your Own Question

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Business Law
Satisfied Customers: 7593
Experience:  Relax. Let's work together. Practical solutions.
6761470
Type Your Business Law Question Here...
LawHelpNow is online now
A new question is answered every 9 seconds

I am a commercial tenant and want to know how long it would

Resolved Question:

I am a commercial tenant and want to know how long it would take to get evicted if I dont pay rent? (nassau county ny)?
Submitted: 2 years ago.
Category: Business Law
Expert:  LawHelpNow replied 2 years ago.

Hello Jodie,

My name isXXXXX a licensed attorney and glad to try and help out.

Sorry for your troubles, truly, and my heart goes out to you.
For a commercial tenancy, the answer to your question is governed by the terms of your written lease. In other words, residential tenancies are highly regulated by statute. That is not the case here, however, so you would have to read your lease (which obviously I don't have in front of me) to find the time it stipulates. Please, don't hesitate to write back if you need anything else at all.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.

I hope all works out for you.

Customer: replied 2 years ago.

Obviously my lease says I have to pay rent by the first of the month. The "nice guy clause" which I used to give notice I was leaving requires 2 months rent. I paid December and dont want to pay January after what he pulled this week and today. How long would it take him to get me out? A week, 2 weeks etc? in Nassau county as a commercial non-paying tenant?

Expert:  LawHelpNow replied 2 years ago.
Hello again,
Thanks for writing back. Good to hear from you.
I apologize for any failing on my part. Here's what I was trying to explain. There is zero regulation when it comes to time, whether in Nassau County or anywhere else in the State of New York, in the context of a commercial lease. In other words, if your lease specifies a certain number of days you are allowed to remain after becoming delinquent, that number governs. If the lease is silent in that regard, however, you are subject to immediate eviction, literally the day after you fall behind in payments. It rests entirely within the discretion of your commercial landlord as to how promptly he decides to act.
Hope that helps some more. Just let me know if that makes sense. Very happy to do anything else at all to help if possible.
Take care,
Ben
Customer: replied 2 years ago.

So he can BEGIN eviction proceedings the day after I dont pay rent (in other words on january 2, 2013). But that is the beginning of the process- in reality ABOUT how long do these things take? I know he would need the sheriff to evict me, (and I believe the sheriff gives 72 hours before they actually lock the door ?) he cannot under any circumstances do it himself, correct?


 

Expert:  LawHelpNow replied 2 years ago.
Hi Jodie,
Yes, your understanding is indeed correct.
While a commercial has more limited rights than a residential tenant, that is certainly not to say you have no right. That is not the case at all.
Specifically, you right about the process. Your landlord can't do this "on his own", so to speak, period. Meaning, he must jump through the usual hoops of obtaining a Court Order and then having law enforcement actually serve it. Actually, it's a two-part process, namely: (1) obtaining the eviction order; and (2) having you vacate the premises. This is all part of the commercial eviction and lawful possession process.
Now, when it comes to the time table, I can't provide a guarantee, of course. However, I can tell you that the 72 hour notice comes only at the end of other earlier proceedings. Your landlord would already have been awarded his judgment and so forth. So, if you need some time, this could easily take say 30 days or even more to be accomplished. The application of the New York Real Property Actions and Proceedings Law steps in to slow things down and prevent your landlord from just saying "get out".
Hope that helps some more.
Thanks again,
Ben
LawHelpNow, Attorney/Lawyer
Category: Business Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 8 other Business Law Specialists are ready to help you
Expert:  LawHelpNow replied 2 years ago.
Hello Jodie,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1495
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1174
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    504
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    373
    14 years practicing attorney, MBA
 
 
 

Related Business Law Questions

Chat Now With A Business Lawyer
LawHelpNow
LawHelpNow
Attorney and Counselor at Law
162 Satisfied Customers
Relax. Let's work together. Practical solutions.