In the instance of a tenant with a lease subleasing the rented premises without the landlord's permission, the landlord may invoke the lease default notice provision. That often requires serving upon the tenant a Notice to Cure, that allows for an opportunity to correct the default in an obligation of tenancy. Should the tenant not cure, the landlord would follow with a termination of tenancy notice. On the expiration of the period of time for the tenant and subtenant to voluntarily quit and surrender the possession to the landlord, the landlord would commence a summary holdover proceeding in a local court of competent jurisdiction.
Please retain an attorney.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
Consult with a local landlord tenant lawyer to start a holdover based upon breach of terms of lease.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.