commercial eviction process

[vitvit]

What is the name of your state? New York

Hi,
Here is the background info:
We are attempting to evict a tenant from a commercial property. He has no lease. He has been there 15 years and was chronically late with the rent. At this point he is behind 10 months rent. We have tried to be reasonable and work with him. We have had enough. We served him with 3-day notice to pay back rent registered mail. No response. Now we have served him with 30 days notice. We did this by mail with proof of mailing and also by hand delivery with a followup affadavit for proof of delivery. We are poised to call the local court clerk to see the judge next month as we are sure he is not going to leave without a fight.
Now for my question!
Does he have any rights in court to fight our eviction?
Does he have to be notified that we are going to court to secure an eviction order( so he can be there to fight it with a lawyer).
Have we done the right procedures and executed them in the right order?
Lastly, do you reccommend that we hire a lawyer?
We figure with no lease there should be no problem.
This tenant happens to be an elderly minister who lays a guilt trip on us. This is why we have tolerated the situation for so long. But at this point we can't afford to do business this way any longer.
Thank you for your help in this matter.
Sincerely,
VitVit

 

[south]

Yes he has every right to fight you in court.

In this case I have something important to tell you, come close to the screen, a little closer...

WAKE UP!!!!!!!!!!!!!!!!

This guy is a minister not Lucifer.

You are obviously nuts at this point to allow a tenant not to pay rent for 10 months do not waste another second contact an eviction lawyer and get this bum out of your building as fast as possible.

Elderly Minister will give a guilt trip you say ..... Who gives a shi@ who he is tell him if God personaly tells you to let him stay for free then you will let him back in, but as for now get this clown out, then sue him and his church for the back rent owed plus legal fees.

What is the name of your state? New York

Hi,
Here is the background info:
We are attempting to evict a tenant from a commercial property. He has no lease. He has been there 15 years and was chronically late with the rent. At this point he is behind 10 months rent. We have tried to be reasonable and work with him. We have had enough. We served him with 3-day notice to pay back rent registered mail. No response. Now we have served him with 30 days notice. We did this by mail with proof of mailing and also by hand delivery with a followup affadavit for proof of delivery. We are poised to call the local court clerk to see the judge next month as we are sure he is not going to leave without a fight.
Now for my question!
Does he have any rights in court to fight our eviction?
Does he have to be notified that we are going to court to secure an eviction order( so he can be there to fight it with a lawyer).
Have we done the right procedures and executed them in the right order?
Lastly, do you reccommend that we hire a lawyer?
We figure with no lease there should be no problem.
This tenant happens to be an elderly minister who lays a guilt trip on us. This is why we have tolerated the situation for so long. But at this point we can't afford to do business this way any longer.
Thank you for your help in this matter.
Sincerely,
VitVit

 

[HomeGuru]

What is the name of your state? New York

Hi,
Here is the background info:
We are attempting to evict a tenant from a commercial property. He has no lease. He has been there 15 years and was chronically late with the rent. At this point he is behind 10 months rent. We have tried to be reasonable and work with him. We have had enough. We served him with 3-day notice to pay back rent registered mail. No response. Now we have served him with 30 days notice. We did this by mail with proof of mailing and also by hand delivery with a followup affadavit for proof of delivery. We are poised to call the local court clerk to see the judge next month as we are sure he is not going to leave without a fight.
Now for my question!
Does he have any rights in court to fight our eviction?

**A: yes, even if he is wrong he has a right to fight.
*********
Does he have to be notified that we are going to court to secure an eviction order( so he can be there to fight it with a lawyer).

**A: yes.
********
Have we done the right procedures and executed them in the right order?
Lastly, do you reccommend that we hire a lawyer?

**A: yes.
***********
We figure with no lease there should be no problem.


**A: you will see how much of a problem it is.
*********
This tenant happens to be an elderly minister who lays a guilt trip on us. This is why we have tolerated the situation for so long. But at this point we can't afford to do business this way any longer.
Thank you for your help in this matter.
Sincerely,
VitVit

**A: good luck. You're gonna need it.