1. Start with the Ground for Recovering Possession
Nonpayment, lease expiration, and other defaults can require different notices and pleadings. The claimed ground should match the facts and the lease before the next procedural step.
Separate Nonpayment from Holdover Grounds
- For nonpayment, RPAPL § 711(2) generally requires a written demand giving at least 14 days to pay or surrender possession.
- For a holdover, review the lease term, termination provisions, and any notice required for that tenancy.
- Do not treat a breach notice and a rent demand as interchangeable.
Broader lease issues may also overlap with a commercial lease dispute.
Read the Lease before Serving Notice
- Identify cure periods, termination clauses, notice addresses, and agreed service provisions.
- Confirm that the asserted default fits the lease language being invoked.
- Preserve rent ledgers, correspondence, amendments, and prior notices supporting the claim.
2. Serve the Required Predicate Notice Correctly
A summary proceeding can face a threshold challenge if a required predicate notice is defective. For nonpayment, RPAPL § 711(2) requires the 14-day written demand to be served in the manner prescribed by RPAPL § 735.
Build a Reliable Service Record
- State the rent demand clearly enough to support the later petition.
- Use the statutory method and review any additional lease-based notice requirements.
- Keep affidavits and mailing records showing when and how service occurred.
Use the Correct Notice for the Default
- Allow the full statutory period before commencing a nonpayment proceeding.
- Check the lease and governing law separately for holdover or breach-based termination.
- Address service defects promptly rather than assuming they can be cured after filing.
3. File and Serve the Summary Proceeding
After the required predicate steps, the landlord may commence an Article 7 summary proceeding in a court with jurisdiction over the property. Commercial landlord-tenant cases in New York City are handled in Civil Court, while the proper court outside the city depends on location and jurisdiction.
Prepare the Petition Around the Claim
- State the petitioner’s interest and the respondent’s relationship to the premises.
- Describe the premises, supporting facts, and relief requested as RPAPL § 741 requires.
- Organize the lease, rent records, notices, and service proof supporting those allegations.
For a focused possession-recovery overview, see commercial property eviction.
Serve the Court Papers under RPAPL § 735
- Personal delivery is one permitted method for the notice of petition and petition.
- Suitable-person or conspicuous-place service requires the additional statutory mailings.
- File the court papers and proof of service within three days after the applicable delivery or mailing.
4. Prepare for Tenant Defenses and the Hearing
A commercial tenant may contest the eviction ground, rent claimed, notice, service, or lease compliance. Each side should tie its position to the lease, payment history, notices, and governing rules.
Build the Record Around Disputed Facts
- Organize the lease, amendments, payment history, notices, and service affidavits.
- Match each document to the allegation or defense it supports.
- Resolve inconsistencies in dates, amounts, or notice language before the hearing.
Separate Possession from Money Disputes
- Review defenses involving payment, waiver, notice, service, or lease interpretation.
- Identify whether counterclaims concern possession, damages, or both.
- Track orders or stipulations that change hearing or enforcement dates.
Unpaid rent may also require a separate rent arrearage analysis.
5. Move from Judgment to Lawful Warrant Execution
A judgment for possession does not authorize the landlord to remove the tenant personally. Under RPAPL § 749, the court issues the warrant to an authorized officer, who must give at least 14 days’ written notice before execution.
Check the Warrant before Planning Possession
- Confirm the earliest execution date stated in the warrant and any court-ordered stay.
- Account for the officer’s written 14-day notice before execution.
- In New York City, RPAPL § 749-a also requires a marshal to provide notice by physical posting and electronic filing.
Coordinate the Return of Possession
- Check whether payment, settlement, a stay, or another court order changes the schedule.
- Arrange access and lock changes only after lawful execution of the warrant.
- Document the condition of the premises when possession returns.
The enforcement stage can also raise broader eviction enforcement issues.
6. Handle Property Remaining after the Eviction
Property left in a commercial space should not automatically be treated as abandoned. The lease, the items, and the circumstances of possession can affect what happens next.
Check the Lease before Disposing of Anything
- Review abandonment, storage, removal, and fixture provisions.
- Distinguish movable personal property from items that may be fixtures.
- Photograph and inventory significant items before further action.
Document the Post-Eviction Handoff
- Follow applicable contractual or legal duties concerning notice, access, or storage.
- Keep records of removal, storage, retrieval requests, and disposition.
- Avoid immediate destruction unless the lease and applicable law support it.
7. Frequently Asked Questions
Does accepting rent after a holdover case begins end the eviction?
Not necessarily. For a holdover based on expiration of the lease term, RPAPL § 711(1) states that accepting rent after the proceeding begins does not terminate the case or prevent an award of possession.
Can a commercial tenant waive notice rights in the lease?
A lease can shape contractual notice and cure rights, but it does not necessarily eliminate statutory requirements. The clause and eviction ground should be analyzed together.
What happens if the tenant leaves before the warrant is executed?
The parties should document surrender, key return, premises condition, remaining property, and unresolved payment claims.
Can a landlord recover rent in the same summary proceeding?
RPAPL § 741 permits a petition to seek rent due or fair-value use and occupancy when the statutory pleading requirements for that relief are met.
8. Review a Commercial Eviction Timeline with SJKP
SJKP's attorneys can assess the lease, eviction ground, predicate notice, service record, court filings, defenses, judgment, and warrant timing as connected parts of a commercial possession matter.
06 Oct, 2026
