Thomas C. Lambert and Steven Shackman, members of Lambert & Shackman, write that to prematurely end the term of a lease based on a tenant default, there is a chain of events which must occur: (i) a material default, (ii) service of the notice of default, (iii) expiration of the required time period of opportunity to cure, (iv) service of the notice of termination, and (v) commencement and prosecution of a summary holdover dispossess proceeding.
November 12, 2010 at 12:00 AM
1 minute read
The most important document in most commercial lease litigations is the notice of default.
Most litigation under commercial leases arises from tenant defaults.1 In most leases there is a procedure whereby the landlord may unilaterally end the term prematurely in the event of an uncured material default by the tenant. The first step in the procedure is usually service of a notice of default.
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