What if a residential tenant both breaches the lease and also doesn't pay the rent?

Dear Flushing Landlord: The tenant's other lease defaults are not material in a summary nonpayment proceeding. The predicate notice for the nonpayment proceeding is a statutory written three day notice. The statute allows only for demanding payment or rent within three days from the service of the rent demand, and alternatively, if the rent is not paid, the surrender and vacating of the rented premises. A summary holdover proceeding is based upon termination of a lease agreement (or expiration) evidenced by a written termination of tenancy notice. Most leases require a prior notice to cure the claimed lease defaults and a failure to cure before the landlord may terminate the tenancy. If the tenant pays the rent in the nonpayment proceeding, the case should end. Conversion of a nonpayment proceeding to a holdover is allowed when the landlord and tenant reach a resolution where the tenant agrees in exchange for some consideration from the landlord to waive the right to pay the rent and to move out instead. A landlord is allowed to bring a holdover proceeding and also request a judgment for any unpaid rent due at the time the lawsuit started. Many tenants are able to perfect a cure of lease violations even after the lawsuit begins, and that would act to end the lawsuit. In holdover proceedings based on a claim of breach of lease even if the tenant loses a trial, a tenant gains a new ten day period to cure. You may consider discussing your issues with an attorney.