A predicate notice is any notice that must be served on a tenant before a summary proceeding in housing court may be commenced. This could be a rent demand, which is a predicate notice for a non-payment action, or a notice of default/notice to cure, a notice of termination and/or a termination of a month-to-month tenancy/30 day notice of termination, which are predicate notices to commencing a holdover action.

It is important that all necessary predicate notices are properly served on tenants prior to commencing a summary proceeding otherwise the tenant will have a defense to the summary proceeding, which may result in the summary proceeding being dismissed and requiring that the case be properly re-commenced.

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