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What legal steps can I take if my commercial tenant is not paying rent in New York City?

Picture of Chris Battis By   ·  1 minute read

If your commercial tenant is not paying rent in New York City, the following are the legal steps you can take:

  1. Review the lease agreement: Before taking any action, it's essential to review the lease agreement to understand the terms and conditions of the lease, including the rent payment obligations of the tenant.
  2. Serve a Notice of Demand: If the tenant is behind on rent payments, you can send a Notice of Demand, which is a written notice demanding the tenant to pay rent within a specific time. The notice should include the total amount of rent owed, the period covered, and the date by which the rent must be paid.
  3. Commence legal action: If the tenant fails to pay rent after receiving a Notice of Demand, you may commence legal action to collect the unpaid rent. This can be done through filing a non-payment petition in Housing Court.
  4. Eviction proceedings: If the tenant still doesn't pay rent despite the legal action, you can file an eviction proceeding in Housing Court. This process can take several months, and the court may order the tenant to pay the rent owed, as well as additional fees and costs. If the tenant still doesn't pay the rent, they may be evicted.

It's important to note that there are limitations on the landlord's ability to take legal action against a tenant for unpaid rent in New York City. For instance, the tenant is entitled to a written notice before any legal action is taken, and the landlord must follow the correct legal process to collect unpaid rent or evict the tenant.

Furthermore, if a tenant is facing financial hardship, such as job loss or health issues, they may apply for protection under the COVID-19 Emergency Eviction and Foreclosure Prevention Act, which may prevent eviction for a period of time or provide additional protections.

In summary, if your commercial tenant is not paying rent in New York City, you should review the lease agreement, serve a Notice of Demand, commence legal action, and file an eviction proceeding if necessary. However, you should be aware of the limitations and exceptions to these processes, and seek legal advice from a licensed attorney in case of uncertainties.