How commercial cases differ
Commercial landlords in New York usually recover possession through a summary proceeding in court, either for unpaid rent after a proper demand or as a holdover when the lease has expired or been terminated for a default. Many protections built for residential tenants, including rent regulation and the residential limits on self-help, do not apply in the same way to commercial space. Some commercial leases allow the landlord to re-enter peaceably after a default, but self-help carries real risk if the lease does not clearly permit it or the re-entry is not peaceful, and New York City separately prohibits harassment of commercial tenants. The notices a lease requires, such as a notice to cure followed by a notice of termination, have to be served in the right order and form, and defects in them can defeat a case. Within the five boroughs, most of these cases are heard in the commercial landlord-tenant part of the Civil Court, though some proceed in Supreme Court.
Tenant options before the cure period runs
A tenant who receives a notice to cure a non-monetary default, such as unauthorized alterations or a use violation, may be able to seek a Yellowstone injunction in New York Supreme Court, which pauses the cure period while the dispute is decided. Timing is critical, because that relief generally must be sought before the cure period expires and the lease is terminated. In rent cases, the questions are often how much is actually owed, whether credits or abatements apply, and whether a payment arrangement can preserve the tenancy. Owners who signed a personal guaranty should review it at once, since the landlord may pursue the guarantor separately. Gather the lease and amendments, all notices, the rent ledger, and correspondence about repairs or the disputed conduct.
For landlords starting a case
Landlords should begin with the lease's default and notice provisions and confirm that every required notice was properly prepared and served before filing. We review the rent ledger, the security deposit or letter of credit, and any guaranty, since drawing on security or pursuing a guarantor may move faster than a fight over possession. If the tenant has abandoned the space, the approach may differ from one where the business is still operating. Settlements often take the form of a surrender agreement, a payment schedule backed by a consent judgment, or a negotiated exit date. In a first meeting we look at the lease, the notices, and which outcome actually serves the property.
