What are my rights regarding eviction as a commercial tenant?

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What are my rights regarding eviction as a commercial tenant?

I moved into a commercial loft 25 days ago, I am subletting the space and I signed a sublease agreement. The rent is $1250. I was supposed to give him first, last and security but I gave him $2000 and he allowed me to move in. Today I was supposed to give him the rest amounting to $1750 but I told him I would give it to him after he finishes clearing out his stuff from the space, which he said he would do but he hasn’t done yet. He got upset and wants me out today. I need to know what my rights are.

Asked on October 25, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a thirty (30) day notice ot termination of the lease or a three (3) day notice to perform or quit is mandated in your matter unless the commercial written lease says to the contrary.

Given the fact that the landlord has not performed by cleaning the unit you are to rent, it seems that the landlord may be in breach. I suggest that you consult with a landlord tenant attorney that does commercial law to assist you in your matter.


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