Certain notices must be served upon a tenant prior to the commencement of a commercial holdover proceeding. If the tenant has no lease, or the lease has expired and the tenant has continued to pay rents each month, a thirty day notice of termination is required under Real Property Law § 232-a.
If the tenant has an existing commercial lease, and has breached a material provision of the lease, a landlord can terminate the lease in accordance with the lease terms. Such clauses are often denominated conditional limitations which allow a landlord to cancel a tenant’s lease where a contingency occurs. A breach by a tenant of a material obligation of the lease usually requires a notice to cure, and if the tenant fails to cure, a landlord may serve a notice of termination. Once the lease expires, the landlord may commence a holdover summary proceeding.