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  1. #1

    Default Commercial Tenant Not Paying on Time - Can I Evict

    My question involves an eviction in the state of: New York

    I have a tenant who rents a commercial unit from me. Prior to me purchasing the property, the tenant was paying well below market value in nyc. I gave him 3 months notice prior to his lease expiring that I would be increasing the rent. This was necessary to help pay for the mortage on the property. We argued back and forth and finally set in on price and terms that we both deemed fair (I was trying to be nice since the tenant had his business there for years).
    For the 1st 2 months things went smoothly, but by the 3rd, he started paying late. Soon, the tenant was no where to be found when it came time to collect the rent on the given date. Only after a week or so - he would give me how the economy was bad speech and ask for an extension. OK. I let it slide. But now, the tenant pays two weeks later every month - putting my billing schedule out of whack. And now asks me two weeks later, if he can get another extension - giving him three weeks. I realize now I was being too nice and naive. (I'm new to this whole landlord business)
    So I decided to start sending him an invoice 10 days prior to when the rent is due - to remind him to pay on time. His business is not making any money (most of the time he's never in the store anymore). I realized I had to start keeping a record of when he makes payments.
    The tenant got furious and basically told me he's going to pay when he can in a threatening manner and said "what are you going to do about?" Then ripped up the notice and left. He's even refusing to pay the annual increase.
    I need help and guidance. I'm a small petite woman and a big menacing man threatening me makes me feels very scared. But I don't want to give in and fight for my property. Can I evict this tenant? What steps to I need to take?

  2. #2
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    Default Re: Commercial Tenant Not Paying on Time - Can I Evict

    If he's not paying his full rent as described in the lease, you can commence an eviction action based upon his nonpayment of the full rent. Given that you're a rookie, I suggest working with an eviction lawyer your first time through this process. If you're incorporated you may have to work through a lawyer.

  3. #3

    Default Re: Commercial Tenant Not Paying on Time - Can I Evict

    thanks so much. I'm on it.

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