Commercial leases are somewhat different from residential leases due to the nature of the situation. In a commercial lease, the rental becomes a business space, whereas residential rentals are a living or dwelling space.
The state handles commercial leases differently, giving landlords a little more control than they would have in a residential situation. This also will change the eviction process somewhat.
Grounds for evictions
The basic eviction laws in New York apply to both residential and commercial tenants. A landlord cannot evict someone for discriminatory reasons. They must have a valid reason, such as non-payment of rent, use of the rental in a way not allowable under the lease or an expired tenancy. Landlords can also evict because the rental is unsafe or they are going to remove the rental from the market.
The landlord must follow the law exactly when evicting a tenant. This requires providing notice, the type of which depends on the grounds for eviction. In certain instances, the notice has to give the tenant the ability to correct the issue.
The landlord can only remove an occupant when he or she gets a court order to do so. To receive a Judgment of Possession and Warrant of Eviction, the landlord must provide evidence of the grounds for eviction, or the parties must enter into a Stipulation of Settlement.
A landlord never has the right to forcefully remove a tenant. This also includes changing the locks or removing the tenant’s personal items from the rental. Only law enforcement (such as a Sheriff or Marshal) can enforce an order from the court and remove a tenant.
Whether you are a landlord or tenant, should you require assistance with a commercial eviction matter, please contact our office at (516) 932-4400 or (914) 363-6250.