The short answer
A default under a commercial lease is a failure to meet an obligation the lease sets, most commonly paying rent on time or violating an operating covenant such as permitted use or maintenance duties. Almost no commercial lease allows a landlord to act on a default immediately. Instead the lease requires written notice describing the failure, followed by a cure period during which the tenant can fix the problem before the landlord may pursue remedies. Monetary defaults, unpaid rent or additional rent, typically carry a short cure period, often five to ten days after notice. Non monetary defaults, a covenant violation that is not about money, typically carry a longer period, often thirty days, and sometimes an extension if the tenant has started curing and is pursuing it with reasonable diligence. The length, the notice mechanics, and what counts as a completed cure all come from the lease's default clause, not from a general assumption about how much time a tenant gets.
Why the lease's own notice and cure mechanics control
A landlord cannot terminate a lease, draw on a security deposit for a breach, or pursue eviction the moment a tenant misses an obligation. The default clause is a due process mechanism built into the lease itself: it requires the landlord to give written notice identifying the specific default, and it gives the tenant a defined window to fix it before the landlord's remedies become available. Skipping the notice, sending it to the wrong address or wrong party under the lease's notice provision, or acting before the cure period expires can make an otherwise valid termination or eviction unenforceable.
The clause also usually distinguishes a first default from a repeated one. Some leases shorten or eliminate the cure period for a default that repeats within a defined period, on the theory that a tenant who has already been given notice and a chance to cure once does not need the same courtesy for the identical failure a second time.
Monetary versus non monetary defaults
A monetary default, rent, additional rent, or another sum due under the lease, is usually the easiest to define and the fastest to cure: pay the amount owed, plus any late charge or interest the lease specifies, within the stated window, often five to ten days after written notice. Because the fix is objective, a landlord and tenant rarely dispute whether a monetary default was actually cured.
A non monetary default covers everything else, an unauthorized use, a maintenance failure, an unapproved alteration, a violation of an exclusivity or operating covenant. These get a longer cure period, often thirty days, because fixing the underlying problem can take real time. Many leases also give the tenant an extension beyond the stated period if the default cannot reasonably be cured within it and the tenant has begun curing and continues with reasonable diligence, which turns the cure period from a hard deadline into a standard the landlord and tenant can end up disputing.
What happens if the default is not cured
Once a cure period expires without a cure, the lease's remedies section typically opens up: the landlord may terminate the lease, re-enter and re-let the space, pursue the unpaid rent or damages through the remainder of the term, and in some leases accelerate the balance of rent due. Many leases require the landlord to make reasonable efforts to re-let the space and mitigate damages rather than letting unpaid rent run for the balance of the term with no offsetting effort, though the specific mitigation duty depends on the lease and the governing state law.
A guaranty, if the lease has one, is usually triggered by the same uncured default, which is why guarantors are entitled to the same notice in many leases, or at least benefit from confirming whether they are. A landlord tracking a default should also check whether the tenant has any other lease location with the same landlord and a cross default clause tying the two together, since a default on one lease can trigger remedies on an otherwise performing lease if the leases are cross defaulted.
What to check before sending a default notice
Before sending a notice of default, the file should answer a short list of questions traced to the controlling document: what cure period applies to this specific default, monetary or non monetary, and does any amendment change it; where does the lease require notice to be sent, and to whom, since an improperly addressed notice can restart or invalidate the process; has this tenant defaulted on the same obligation before, and does a repeat default clause shorten or remove the cure period; and does a guaranty or a cross default clause with another lease change who else needs notice or what else is at stake.
This is general information about how default and cure provisions typically work, not legal advice. Whether a specific notice is properly drafted and served, whether a tenant's response counts as a cure, and what remedies are actually available turn on the lease's exact language and the governing state law, and those questions belong with counsel before a landlord acts on a default.
Common questions
How long does a commercial tenant have to cure a default?
It depends on the lease and the type of default. Monetary defaults, unpaid rent, commonly carry a short cure period, often five to ten days after written notice. Non monetary defaults, a covenant violation, commonly carry a longer period, often thirty days, sometimes extended if the tenant is diligently curing. The enforceable period is whatever the lease's default clause states.
Does a landlord have to send a written notice before terminating for default?
In almost all commercial leases, yes. The default clause typically requires written notice describing the failure and gives the tenant the stated cure period before the landlord's remedies, including termination, become available. Acting before that notice and period have run can make the termination unenforceable.
What is a cross default clause?
A cross default clause ties two or more leases between the same landlord and tenant together, so that an uncured default on one lease is treated as a default on the other, even if the other lease is otherwise being performed. It is not standard in every lease and matters most to landlords with a tenant in more than one location.
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