What actions can a landlord take if a tenant fails to pay rent on their commercial property in New York?

If a tenant fails to pay rent on their commercial property in New York, the landlord can take various legal actions to enforce their rights and collect the unpaid rent.

Here are some of the most common remedies available to landlords in New York:

1. Send a Notice to Cure: The first step a landlord can take is to send a notice to the tenant demanding payment of the outstanding rent or face eviction proceedings. Under New York law, a landlord must give the tenant at least three days' notice to pay or vacate the premises. The notice should specify the amount owed, the due date, and the consequences of failing to cure the default.
2. File an Eviction Proceeding: If the tenant fails to pay the rent or vacate the premises within the cure period, the landlord can bring an eviction proceeding against the tenant in court. In New York, commercial evictions are typically brought in a summary proceeding in Housing Court or Civil Court. The landlord will need to serve the tenant with a notice of petition and petition for eviction, which sets out the reasons for the eviction and the relief sought. The tenant will have an opportunity to respond and defend the eviction, and a judge will ultimately decide the case.
3. Seek a Money Judgment: In addition to evicting the tenant, the landlord can also seek a money judgment for the unpaid rent. To do so, the landlord can file a separate lawsuit against the tenant in Small Claims Court or Civil Court. The landlord will need to prove the amount owed and demonstrate that the tenant breached the lease agreement by failing to pay rent. If the landlord is successful, the court may award damages for the unpaid rent, as well as any other damages incurred by the landlord as a result of the tenant's breach.
4. Pursue a Lien: Finally, the landlord may be able to place a lien on the tenant's personal or real property to secure the unpaid rent. In New York, landlords have a statutory right to a lien on the tenant's personal property located on the premises for unpaid rent. The landlord can also potentially secure a lien on the tenant's real property by recording a judgment with the county clerk's office. Once the lien is in place, the landlord can take steps to enforce it by selling the property to satisfy the debt.

It is important to note that there are limits to the landlord's remedies and certain exceptions that may apply. For example, New York law prohibits landlords from engaging in self-help remedies, such as changing the locks or shutting off utilities, to evict a tenant. Landlords must pursue their remedies through the court system. Additionally, tenants may have defenses to an eviction proceeding, such as a claim that the landlord breached the lease by failing to make repairs or provide necessary services.

Overall, if a tenant fails to pay rent on their commercial property in New York, the landlord has several legal options available to recover the unpaid rent and enforce their rights. It is advisable to consult with an experienced attorney to determine the best course of action based on the specific circumstances of the case.