Commercial Evictions in Poughkeepsie, NY
Evictions of Business Tenants
New York has specific Statutes and rules for Commercial Evictions. However, the written Lease should also set forth the terms and conditions of the landlord-tenant relationship. These terms include the rental rate, when rent is due, what will be provided by the landlord, and what to do in the event of a casualty event, to name just a few.
Types of Commercial Properties
There are many different types of commercial properties. This means the terms between the landlord and the tenant will be different to accommodate the different types of properties. We at McCabe Coleman have learned over the many years of performing commercial tenant evictions what procedures must be followed and what laws exist to protect Landlords, Investors and Property Managers, and to efficiently perform tenant evictions.
Evictions involve the civil courts for the removal of tenants. While generally not complex cases, they do involve specific procedures unique to evictions. At any time, an eviction case can involve more significant litigation. At the Eviction Law Firm, our goal is to keep eviction cases simple and conclude them quickly.
An eviction is a legal process brought by a landlord or property owner, or by someone on their legal behalf, to remove a tenant from the rental property. The legal process includes the filing of an action in the appropriate court and presenting evidence to the judge to show why the judgment for eviction should be entered and the tenant removed. The judgment for eviction orders the tenant to vacate the property, but if the tenant does not comply, then the Sheriff can be used to remove the tenant. If after the Sheriff removes the tenant and the tenant tries to come back, they could be a trespasser.
At the time the Sheriff performs the removal of the tenant, the landlord or property manager should be prepared to access the property and remove the tenant’s personal property such as desks, inventory, furniture, and clothing, from the rental property if appropriate.
Abandoned Inventory or Equipment
When a tenant is removed by the Sheriff or abandons the property, they may leave personal property items at the premises. Unfortunately, this can place a heavy burden on the landlord or property manager to deal with the property left over. Discarding the items may subject the landlord to liability. The landlord may have to store the property, or sell it at an auction, or even may allow the tenant to retrieve the personal property later. The language in the lease agreement may also determine what should be done.
While potentially legal, self-help evictions can be tricky and can subject the landlord to liability if not properly performed. Landlords typically seek self-help evictions in order to save time and money when dealing with defaulting tenants. However, if not done properly, self-help evictions can subject the landlord to liability and otherwise-avoidable litigation, which defeats the purpose of the landlord’s self-help efforts. Landlords should seek legal advice before resorting to self-help evictions. At McCabe Coleman Ventosa & Patterson, PLLC we have the experience and knowledge necessary to guide commercial landlords and deal with defaulting tenants.
If you need experienced legal representation when dealing with a commercial eviction in Poughkeepsie, Red Hook, Carmel, or Kingston, NY, contact our firm today at (845) 209-1355 to discuss your case with our legal team.