1. What Does the Notice Ask You to Do?
A nonpayment case seeks possession for unpaid rent, while a holdover case generally rests on an expired or terminated tenancy. The wording of the notice helps identify which route the landlord is pursuing, but its allegations still need proof.
Rent Demands, Cure Notices, and Termination Notices
Read the requested action as well as the document's title. A demand to pay rent or surrender possession serves a different purpose from a notice terminating the lease for an uncured breach.
| Document | Stated Purpose | First Item to Check |
|---|---|---|
| Rent demand | Pay claimed rent or surrender possession | Months, amounts, payments, and credits |
| Notice to cure | Correct an alleged lease breach | Contract clause and cure deadline |
| Termination notice | End the tenancy and seek surrender | Termination ground and effective date |
2. Match the Rent Demand to Your Payment Records
To assess a commercial lease dispute over unpaid rent, compare the demand with a month-by-month ledger. Check the rent the lease requires, the payments you made, and any agreed credits.
Verify Charges and Explain Disputed Entries
Trace base rent and increases to the lease. For additional rent, identify the authorizing clause, invoice, and allocation formula; use bank confirmations and written credits to explain disputed entries. A billing error may affect the amount recoverable or the demand's sufficiency without eliminating rent that remains legally due.
3. Read the Lease'S Notice and Cure Requirements
Begin the commercial lease review with the provision the notice cites and any amendments. Check who must receive notice, how the landlord must deliver it, and what the tenant must do to cure the alleged breach.
Connect the Allegation to Dated Evidence
An insurance policy, alteration approval, or written subletting consent should address the specific allegation and the period in question. Current insurance coverage, for example, may leave a past coverage gap unresolved. If the lease requires a notice to cure before termination, compare the delivery dates with that required sequence.
4. Which Deadline Applies to Your Notice?
The date printed on a notice may differ from the date its notice period begins. Keep the envelope, tracking information, and delivery records to check when service occurred and how the applicable period runs.
The 14-Day Rent Demand
Before filing a nonpayment summary proceeding, the landlord generally must serve a written demand giving at least 14 days to pay rent or surrender possession under the Real Property Actions and Proceedings Law (RPAPL) §711(2). Check whether the lease requires an additional notice or longer period; the demand's expiration does not set a physical eviction date.
Termination of a Monthly Tenancy
For a nonresidential month-to-month tenancy covered by Real Property Law (RPL) §232-a, the landlord generally must serve written termination notice at least 30 days before the rental term ends. Fixed-term expiration and termination for breach require separate analysis.
Preserving a Contractual Cure Period
Negotiations do not themselves extend a cure period. When a claimed lease default threatens termination, a commercial tenant may seek a Yellowstone injunction in Supreme Court to pause that period. Seek relief before the cure period expires and the lease terminates; filing alone does not stop the clock.
The tenant must show a willingness and ability to cure any established default without vacating. An ordinary statutory demand for unpaid base rent generally does not, by itself, support Yellowstone relief.
5. What Changes When Court Papers Arrive?
A notice of petition and petition mean the landlord has started a summary proceeding. NYC Civil Court handles commercial landlord-tenant summary proceedings; confirm the county, courthouse, and commercial part identified in the papers.
Answer Deadlines and Supporting Records
In a nonpayment proceeding, RPAPL §732 generally requires an answer within 10 days after service. In a holdover proceeding, §743 generally permits an answer at the scheduled hearing. Check the papers and court record promptly, because the service method affects when service becomes complete.
Organize the lease, earlier notices, delivery records, and ledger around the petition's allegations when preparing a commercial eviction defense. Raise objections through the proper procedure; failing to answer or appear can lead to a default judgment.
23 Oct, 2026
