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Category: Landlord-Tenant
Satisfied Customers: 1458
Experience:  I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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We are small business in NY. Landlord got legal possession

Customer Question

We are small business in NY. Landlord got legal possession of premises and refused to provide access to retrieve our belongings. Nothing in the lease precludes his rights to the belongings after default/termination of the lease. When we stated that we would get an order to show cause from the court, the landlord has agreed to provide access. The appointment was set 2 weeks ago. Landlord cancelled the appointment the last minute.When we called again to reschedule, landlord demanded payment past due before he could provide access to the premises. Furthermore, he started calling employees stating that he would sue them personally for rent due.Additionally, he is stating that he wanted copies of all employees and corporate members drivers licenses before he can schedule an appointment to provide access to premises.Please advise on what to do. Does the landlord have the right to demand payment before providing access to get personal belongings? Does the landlord have the right to employees personal information such as drivers licenses?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  KJLLAW replied 1 year ago.

Good afternoon. You should not wait and don't rely on the landlords agreement for access, which probably will not happen. You should go file the order to show cause to gain legal access to retrieve your belongings. You may also have a claim for harassment against the landlird for his actions and interfering with your employees.

I hope this helps with your question.

Customer: replied 1 year ago.
Thank you for your reply. I am sure we ll be able to get the judge s order on entry. Once we have the order, what do we do?Do we still call the landlord to open the door or do we need to call the sheriff?
Expert:  KJLLAW replied 1 year ago.

At this point because of the issues with the landlord and his deceit, after you get the signed order, just go to the sheriff and have him execute and make sure you are given access.

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