[NY] I run a commercial office building on Long Island and have a tenant who missed rent payments in Dec, Jan, and now Feb. I think terminating him on the last day of Feb. is for the best. Can I do that with your Termination form letter? His lease started 2/1/24 and was for 3 years. Also paid broker full commission.
I run a commercial office building on Long Island and have a tenant who missed rent payments in Dec, Jan, and now Feb. I think terminating him on the last day of Feb. is for the best. Can I do that with your Termination form letter? His lease started 2/1/24 and was for 3 years. Also paid broker full commission.
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Yes, you can use whatever letter you want. So I recommend you give the tenant the document personally, and if that is not possible, mail a copy to the property and post it on the front door. Then you can move for an eviction.
So generally with an eviction, the law requires that the landlord/master tenant:
1.File a case in a local court. This includes getting the proper forms from the courthouse (or online in some cases) and listing out the basic address and tenant info and the reasons for the eviction.
2.Serve their tenant with a copy of the complaint and summons. The tenant must be served the document in person by someone not involved in the case (e.g., a “process server” or a sheriff or any adult).
3.The tenant has usually anywhere between 5-7 days to reply.
4.The court schedules a hearing where the landlord explains the basis for the eviction. The tenant has a right to try to defend their case.
5.If the tenant loses, the landlord gets a judgment, that they then have to take to the sheriff who comes to the property usually within 10 days to post a 24-hour notice to vacate.
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I run a commercial office building on Long Island and have a tenant who missed rent payments in Dec, Jan, and now Feb. I think terminating him on the last day of Feb. is for the best. Can I do that with your Termination form letter? His lease started 2/1/24 and was for 3 years. Also paid broker full commission.
Lexi, Chatbot
I understand your situation. Have you reviewed the lease agreement to see what it says about missed rent payments and termination procedures?
He signed a personal guarantee.
Lexi, Chatbot
Do you have a copy of the lease agreement and any communication regarding the missed rent payments?
Yes.
Lexi, Chatbot
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your tenant termination issue.
Thank you, that is it.
Ok. Most of my communications with tenants and missed payments are by text. I started to format one… haven’t printed it yet. From eForms.
Thank you - I need a lawyer with Long Island commercial tenant issues.
Legal Eagle
Hello! Legal Eagle here. I’m reviewing your issue in detail. I only need about 2-5 minutes to read, review, and respond to each of your posts.
Have you documented any previous communications with your tenant regarding the missed payments, including any promises or arrangements made?
Legal Eagle
Did you get a termination letter already?
Legal Eagle
Yes, you can use whatever letter you want. So I recommend you give the tenant the document personally, and if that is not possible, mail a copy to the property and post it on the front door. Then you can move for an eviction.
So generally with an eviction, the law requires that the landlord/master tenant:
1.File a case in a local court. This includes getting the proper forms from the courthouse (or online in some cases) and listing out the basic address and tenant info and the reasons for the eviction.
2.Serve their tenant with a copy of the complaint and summons. The tenant must be served the document in person by someone not involved in the case (e.g., a “process server” or a sheriff or any adult).
3.The tenant has usually anywhere between 5-7 days to reply.
4.The court schedules a hearing where the landlord explains the basis for the eviction. The tenant has a right to try to defend their case.
5.If the tenant loses, the landlord gets a judgment, that they then have to take to the sheriff who comes to the property usually within 10 days to post a 24-hour notice to vacate.
Legal Eagle
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