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The right of a party to terminate a contract when the other party to the agreement commits a material breach is a fundamental principle of contract law. The black letter law: “A party’s continuing obligations under a contract are conditioned on there being no uncured material failure by the other party to render any such performance due at an earlier time” (Restatement (Second) of Contracts § 237).
About every 30 seconds, somebody commits a violent crime in the U.S., according to the FBI. Crimes occur in stores, malls, office buildings, restaurants, bars, nightclubs, theaters, medical centers, parking garages, and countless other kinds of properties that are commercially leased. And when they do, victims are apt to sue the property owner for not doing enough to safeguard their security.
About every 30 seconds, somebody commits a violent crime in the U.S., according to the FBI. Crimes occur in stores, malls, office buildings, restaurants, bars, nightclubs, theaters, medical centers, parking garages, and countless other kinds of properties that are commercially leased. And when they do, victims are apt to sue the property owner for not doing enough to safeguard their security.
Just about every lease includes a provision specifying the methods landlords and tenants must use to provide notice to each other. Deviations from notice requirements are a common source of litigation, especially when notice is required to exercise a purchase, renewal, or other lease option. We know that oral notice generally won’t suffice when a lease specifically says that notice must be in writing. Beyond that, there are no bright line rules governing how far a party can go in straying from the lease notice rules.
Just about every lease includes a provision specifying the methods landlords and tenants must use to provide notice to each other. Deviations from notice requirements are a common source of litigation, especially when notice is required to exercise a purchase, renewal, or other lease option. We know that oral notice generally won’t suffice when a lease specifically says that notice must be in writing. Beyond that, there are no bright line rules governing how far a party can go in straying from the lease notice rules.
In this digital age, significant disruption to internet service can inflict massive damage to a business. If that business belongs to one of your tenants, you might find yourself the target of a lawsuit for breach of lease; breakdowns in internet service may also be a defense relieving tenants of their obligation to pay rent or perform other key lease duties. That’s why it’s essential to think about and address these issues in your lease agreement. Consider the following scenario.
Tenants are generally allowed to transfer their lease interests to a third party as long as the landlord is notified and provides consent in advance. The two basic ways to structure such arrangements are as:
Tenants are generally allowed to transfer their lease interests to a third party as long as the landlord is notified and provides consent in advance. The two basic ways to structure such arrangements are as:
Suppose a landlord commits a serious violation of environmental laws that renders leased property unsafe for tenants to occupy. What legal remedies would the tenant have against the landlord? Here’s a scenario based on a recent federal case from Pennsylvania that sheds some light on this important question with regard to the federal Clean Air Act (CAA).
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