I posted this at mrlandlord.com, and someone suggested that Frank Rolfe here is a maven on the topic.
In NYC, how does a landlord enforce an eviction of a billboard when the Lessee stops paying rent? Can we just paint over the board once the warrant is served by the Marshal on the offices of the company leasing from us?
We own the land and the billboard. We’ve leased the use of the billboard on a long-term basis (10yr lease w/option) and we’re in the 4th year of that lease.
We’ve been trying to work it out with the tenant, but have been not been getting our calls or letters answered.
We would certainly rather have this tenant honor their lease and pay rather than have to look for a new one, but we’re not going to allow them to continue to advertise on our board rent free.
There is current signage on the board, and the board is not in a state of disrepair.
The lease says upon default and non-cure of the default, the lessee shall surrender the leased premises to the lessor (I’ve left out the time periods involved, but rest assured we have followed to the letter).
Any input would help.