Rosenberg & Estis, P.C.: Common Law Right to Use Self-Help To Evict a Commercial Licensee
Common Law Right to Use Self-Help
To Evict a Commercial Licensee
By Joshua R. Kopelowitz
When a commercial tenant stays beyond the term of a lease and refuses to leave, owners often have little alternative but to go through a time-consuming and expensive court process. Any attempt to evict the tenant by changing the locks may subject the owner to severe penalties. Significantly, under Section 853 of New York’s Real Property Actions and Proceedings Law (RPAPL), a victim of an unlawful eviction may recover an amount that is three times the damages from the malfeasant.
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