In landlord-tenant law, default usually refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.
New York Warning of Default on Commercial Lease
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How to fill out New York Warning Of Default On Commercial Lease?
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FAQ
The law in New York allows commercial landlords to evict a tenant for specific reasons. These reasons include the non-payment of rent, substantial violation of lease terms (typically as provided in the lease agreement), holding over long after lease expiration, and creating a public nuisance.
In NYC, it usually takes about three weeks for a marshal to get their paperwork ready from the courts and serve the Notice of Eviction.
For example, the lease may provide that in case of default, the landlord can recover late fees and interest. If the lease is a net lease, it may provide for the landlord to recover such things as property taxes, insurance, utilities, maintenance and repairs.
A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.
One option for getting out of your commercial lease early is to approach your landlord and request to surrender the lease. A surrender of lease is when both you and the landlord agree to end the lease.However, if the landlord agrees to surrender your lease, you will often have to pay their legal costs.
A break-early fee is a lump sum payment. The amount of the break-early fee will vary greatly depending upon the commercial tenant's specific circumstances. In exchange for the break-early fee, the landlord will agree to release the commercial tenant from all of its obligations under the commercial lease.
Paying the remainder of the rent still owed on the lease in full; Paying a specified amount of liquidated damages as outlined in the contract terms; Paying an additional amount of punitive damages, dependent on local state laws; and/or.
