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

take to get evicted if...
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)?
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12/2/2012
LawInfoNow
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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.

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Customer reply replied 5 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?

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
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Customer reply replied 5 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?


 

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
LawInfoNow
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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
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