1. Real Estate Law Firm in Queens Client Background and Dispute Overview
The client in this matter was the owner of a commercial building located in Queens, New York, who leased the premises to a tenant operating a retail business.
Over time, the tenant ceased making rent payments while continuing to occupy and use the property, severely restricting the landlord’s ability to exercise ownership rights.
Landlord Circumstances and Emergence of the Dispute
Initially, the tenant attributed the rent delays to temporary cash flow difficulties and repeatedly assured the landlord that payment would be made shortly.
Relying on these representations, the landlord allowed additional time for performance, hoping to preserve the lease relationship.
However, rent arrears accumulated over several months, management fees remained unpaid, and the tenant gradually stopped engaging in meaningful communication, effectively maintaining possession without legal justification.
Recognizing that voluntary resolution was no longer feasible, the landlord consulted a real estate law firm in Queens to evaluate legal options for terminating the tenancy and recovering possession.
2. Real Estate Law Firm in Queens Litigation Strategy and Legal Approach
In property turnover litigation, the central issues typically involve whether the lease was lawfully terminated and whether the tenant retains any valid possessory rights.
Accordingly, counsel focused on procedural precision, evidentiary clarity, and strategic sequencing to strengthen the landlord’s claims.
Preserving the Status of Possession during Litigation
During the consultation phase, the landlord expressed concern that the tenant might transfer possession to a third party or alter the premises while the case was pending.
The real estate law firm in Queens reviewed available procedural safeguards and structured the litigation timeline to ensure that the tenant’s possession status remained fixed throughout the proceedings.
This approach ensured that the court’s eventual judgment would be enforceable and that no intervening actions would undermine the effectiveness of the final ruling.
Establishing Lease Termination Based on Rent Delinquency
A key component of the case involved demonstrating that the tenant’s rent arrears were not isolated or minimal but constituted a sustained and material breach of the lease.
The legal team emphasized that the tenant had exceeded acceptable delinquency thresholds and had shown no credible intent or capacity to cure the default.
Text messages, payment records, and notice documentation were compiled to establish that the landlord clearly communicated termination of the lease and that such notice was properly delivered.
3. Real Estate Law Firm in Queens Court Decision and Outcome
The court ruled entirely in favor of the landlord, granting the property turnover request and ordering the tenant to surrender possession of the premises.
The decision reaffirmed that continued occupancy following lawful lease termination constitutes unauthorized possession under New York law.
Key Judicial Findings and Implications
In its ruling, the court found that the tenant’s prolonged rent delinquency satisfied the conditions for lease termination and that the landlord had properly communicated termination intent.
The court further determined that the tenant retained no independent right to possession once the lease had ended and that continued occupancy lacked legal justification.
Litigation costs were assessed against the tenant, and the landlord reported significant relief after resolving a dispute that had placed prolonged financial strain on the property.
4. Real Estate Law Firm in Queens Property Turnover Lawsuit Process
In New York, a property turnover action is the primary civil remedy available when a tenant refuses to vacate after a lease has been terminated.
Each procedural step plays a critical role, and deficiencies in early stages can materially affect the outcome of the case.
05 Feb, 2026
