NY CRE question Do I need an attorney in order to start eviction?

Question

I own a commercial property in queens as an LLC and I am having a client who signed a license agreement contract with me to use one of my commercial property's rooms. He is now not paying, claiming that he doesn't have to since there's an eviction moratorium held in NYC.

Can I start an eviction process by myself, or do I have to utilize the aid of an attorney to get this done.
Many thanks

Can I start an eviction process by myself, or do I have to utilize the aid of an attorney to get this done. Many thanks

Nathan Gesner · Answer

Just because you are asking the question suggests you should use an attorney. The law does protect them from eviction, but only if they can demonstrate the inability to pay. Consult an attorney.

Daniel Bryant · Answer

Consider yourself VERY lucky… I use 3 attorneys regularly here and they all echoed the same sentiment… landlords here, including commercial property owners such as us, have absolutely no control over collecting rents… so much so that our clients are doing us a favor by paying. If you would hear what the attorneys tell me you would cringe. At this point if I didn’t know any better i would think that they are advising me things just so I could hire them to evict our renters. I went through that joyride last year and I pretty much didn’t collect a dime AND paid for attorney fees. Eventually my client SHOWED MERCY and started paying me back, but he could’ve continued not paying as long as our beloved rulers give the, that option.

Alecia Loveless · Answer

@Daniel Bryant If he is using the room for commercial purposes I don’t know if the eviction moratorium applies. It might be worthwhile to at least consult an attorney.

In my state of New Hampshire they have ruled we ARE allowed to file evictions and I started one with the help of a more experienced associate about a week and a half ago and the initial paperwork put the living fear into my tenant and he paid what was owed and we made arrangements for this month. Now if this month doesn’t work I won’t be nice again…

Daniel Bryant · Answer

Here’s basically the reason why I’m asking this… I have 10 commercial units which I rent out… I charge approx 1000$ on each… in the past I used to issue eviction notices SUCCESSFULLY on my own. Usually people listened. Today though, they threaten to NOT PAY because of the eviction moratorium.

Now, if I were to use an attorney on all 10 rooms, it would cost me at least 2000$ for each eviction… so, as you can see, the math is against me here

NY CRE question Do I need an attorney in order to start eviction?

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