How do I commence a eviction or non-payment proceeding for a
commercial tenant in a flea market in New York?

Hi matthewakbar,

First, let me begin by reminding you that Google Answers is not meant
to provide legal advice in any fashion whatsoever. That said, I was
able to locate some links to information that may assist you in your
quest to evict your tenant. Of course, retaining a lawyer to complete
this matter for you is probably the most expedious and efficient way
to accomplish the eviction.

I've located a website that contains the basic steps needed to evict a
tenant.
http://www.nhlink.net//housing/cto/know/kyrrevic.htm
also see: http://www.nhlink.net//housing/cto/know/kyrr.htm

I've also located an overview of the applicable landlord/tenant laws
for New York at:
http://www.law.cornell.edu/topics/landlord_tenant.html

Esentially, the process is to first serve a 3-day notice to vacate the
premises. If that fails to achieve the required result, then the you
must file an action in Forcible Entry and Detainer at the court in the
city where the property is located.

A second Cause of Action should be commenced to seek recovery of money
damages.

Therefore, your first step should be to give WRITTEN, HAND DELIVERED
notice to your tenant informing them to vacate the property within 3
days.

I hope this helps in your quest to evict your tenant. Good luck!

Search Terms:

"new york" landlord tenant law commercial

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Clarification of Answer by legolas-ga on 18 Nov 2002 16:58 PST

Oops, I messed up the first link. What it should be is
http://www.mv.com/ipusers/nhpoa/nyevict.htm

I've cut and pasted the relevant portion from the site below:

"...A tenancy at will or by sufferance, however  created, may 
     be  terminated  by  a written notice of not less than thirty days given
     in behalf of the landlord, to  the  tenant,  requiring him  to  remove 
     from  the premises; which notice must be served, either by
     delivering to the tenant or to a person of suitable age and 
     discretion,  residing  upon  the premises, or if neither the tenant nor
     such a person can be found,  by  affixing  it  upon  a conspicuous 
     part  of  the premises, where it may be conveniently read.  At the
     expiration of thirty days after the service of such notice,  the
     landlord may re-enter, maintain an action to recover possession, or
     proceed, in  the  manner  prescribed  by  law,  to remove the tenant,
     without further or other notice to quit..."