Sentences with phrase «for breach of lease»

If the tenant is displaced, inconvenienced, robbed, or otherwise unhappy, that can lead to a claim for breach of the lease.
Because filing an unlawful detainer against a tenant behind on the rent terminates the lease, many managers are instead choosing to sue for breach of lease, seeking damages rather than possession.
The Court of Appeal ruled that while there was no doubt that mitigation applied to a claim for damages for breach of lease covenant, the same could not be said for a claim for rent which was in debt.
When the property owner filed a suit for trespass, the production company filed counterclaims for breach of the lease.
Tenants are sued every day for breaches of their lease and monies owed.
Tenants are sued every day for breaches of their lease and monies owed.

Not exact matches

Our understanding is that previously they had told both the Brampton Trustees and the Hospital that the proposed sub-lease to the SJWMP with the clause exempting them from the Code of Ethics was a breach of trust and that they must either renegotiate the lease or apply to the Charity Commission for an order removing the Ethics clause from the Hospital Constitution and allowing the Brampton Trustees to use their money for non-Catholic purposes.
Woolworths is suing natural grocer About Life and NSW - based grocer Harris Farm, alleging they are in breach of lease that allows Woolworths» the first right of refusal for tenants in a store near its own Double Bay supermarket, according to documents filed with the NSW Supreme Court.
If the lease requires renters insurance, and you don't maintain the coverage to indemnify the property owner for damage you cause to their building, that's a material breach of the lease and can be handled just like any other material breach of the lease.
On February 5, 2009, the landlord of our premises located at 349 Oyster Point Boulevard, South San Francisco, California filed a complaint against us in the Superior Court of California for the County of San Mateo alleging breach of contract and termination of our lease, seeking a writ of attachment and a temporary protective order, for which a hearing was held on February 6, 2009.
Evictions are granted for the non-payment of rent or other breach with the terms of the lease.
A spokesman for the Saatchi Gallery said after the hearing: «The forfeiture issue was based on the landlord's claims that the two - for - one ticket offer breached the terms of the lease.
Our lawyers handle all types of real estate disputes, including claims for design and planning negligence, easements and title disputes, breaches of commercial leases and purchase and sale agreements, landlord - tenant disputes, inverse condemnation, and real estate commission disputes.
While you may have valid reasons for wanting to get out of your lease (for example, you're moving because of a job, marriage or divorce, or the apartment is severely damaged), breaking a lease is still a breach of contract, so you could be penalized.
In a minority of U.S. states it isn't automatically unlawful to evict someone for non-payment of rent or the termination of a lease term without a court order, if it can be accomplished without a breach of the peace.
The administrator is likely to refuse his consent, saying that the lease is needed for the purposes of the administration, and the law reports are littered with cases where consent to forfeit has been refused by the courts, even in the face of rent arrears and an obvious breach of the alienation covenant.
Obtained summary judgment for the leasing and financing arm of an aircraft manufacturer in a fraud and breach of contract case surrounding a sale and leaseback arrangement with a potential buyer.
This precedent suggests that, depending on the particular wording of a restriction on use (if any) contained in the lease, a tenant who lets premises out for short periods may be in breach of the lease.
First, as it is unlikely that land transactions will involve a «hardcore» breach of Art 101 (1)(but that might be possible for example in the sale of off - plan leases as between competing developers) the key question is whether the land agreement is «by object» anti-competitive based on the evidence of its effect (the treatment of «hardcore» infringing agreements as ones classified «by object» is reflected in the Commission's own Guidelines; 2004 / C 101/08; para 21, and see the Guidance Note para 2.1 and footnote 13).
The Commission recommends repeal of ss.92 and 93 of The Real Property Act and amendment of The Landlord and Tenant Act to provide for an ``... implied term allowing a landlord to re-enter leased commercial premises if rent is unpaid for a period of 15 days or if a covenant is breached continuously for a period of 15 days.»
Obtained favorable settlements for oil and gas operators and working interest owners in cases involving breach of gas contracts, gas balancing agreements, farmout agreements, breach of oil and gas leases, drainage, breach of implied covenants, and contractual claims.
Broadly speaking, if you sue because of a breach of a contract, the defendant will usually be the person or business you contracted with (for example, the landlord who breached your lease).
She has acted for clients in landlord and tenant matters, boundary and easement disputes, disrepair and breach of covenant claims, forfeiture actions, business tenancy and residential possession proceedings, lease extension and enfranchisement proceedings as well as boundary and easement disputes.
Commercial Litigation — Lead attorney in international fraud and breach of contract action resolved in client's favor on summary judgment including recovery of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment action and cross-claims for commercial torts; Second chair for seven day jury trial involving claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel on behalf of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort actions; Represented finance company in AAA Arbitration.
810 ILCS 5 / 2A -506 (1): An action for default under a lease contract, including breach of warranty or indemnity, must be comenced within 4 years after the cause of action accrued.
Harjie is frequently involved in demanding and complex land and property related disputes and is the firm's lead partner on all commercial landlord and tenant litigation including contested lease renewals, lease termination, disputed dilapidation and service charge claims, actions against telecommunication operators, actions for breach of covenants, possession claims and enforcement.
Sarah also acts for landlords, tenants and freeholders on a wide range of commercial and residential property matters, including lease renewals, recovery of rent, dilapidations, trespass, breaches of covenant, tenant insolvency and the forfeiture and surrender of leases.
Represented plaintiff in action against United States subsidiary of Hong Kong Shanghai Banking Corp. for breach of agreement to finance equipment leases negotiated by plaintiff.
Represented international vehicle rental and leasing company in claims against a former franchisee in Asia for breaches of a Licence Agreement.
Conducted witness preparation for depositions and trial and conducted general trial preparation in connection with lawsuit involving dispute over purchase of mineral interests; plaintiffs purported to seek relief against named defendant under theories of breach of oral contract to purchase mineral interest lease, estoppel, reliance, and fraud.
Obtained summary judgment in favor of commercial landlord for amounts due under a lease and on the tenant's counterclaims alleging that the landlord breached the lease.
The Court found one of the broker defendant's alleged failure to help secure business permits for the tenant didn't rise to the level of intentional conduct that induced tenant's breach of lease.
Dispute as to whether previous award of damages for breach of a «keep open» clause in a commercial lease precluded the landlords from enforcing the repairing obligation and having the vacant premises put into a condition whereby they could immediately be traded from.
In this case the Court granted summary judgement for breach of the offset well obligation in an oil and gas lease.
These include tenants remaining in an apartment after their lease expired and was not renewed, inhabitants who refuse to leave the property after being served with a notice to vacate the premises for whatever reason (usually a breach of lease, such as non-payment or violation of its provisions), squatters and similar.
In this bad cheque fraud the «customer» accused of breaching the lease agreement will quickly send a (counterfeit) cheque for damages to the lawyers office, and the lawyer will be asked to wire the funds (minus fees and costs) to an offshore account.
Adam specialises in a wide range of property litigation including claims for breach of covenant and forfeiture, dilapidations, lease renewals, rent reviews and service charge disputes.
In a recent case, NNCC No. 6 v. Temedio, a condominium corporation applied to the Court for an order requiring a tenant to permanently vacate the leased unit due to loud noises and voices emanating from the unit, which constituted a breach of the corporation's rules.
Won a plaintiff's verdict for a manufacturing company in New York against a defendant corporation for breach of a commercial lease.
The notice below is a sample of a landlord's ten day notice for a rental situation that is not governed by the Chicago Residential Tenant Ordinance that is commonly used to terminate a tenancy when a tenant has breached a provision in a lease.
If the lease requires renters insurance, and you don't maintain the coverage to indemnify the property owner for damage you cause to their building, that's a material breach of the lease and can be handled just like any other material breach of the lease.
To avoid uncertainty about the outcome of the remedies available for a breach of the covenant, the parties can stipulate in the lease to a liquidated damages provision; for example, double rent.
The landlord gave notice of termination of the lease for breach of covenants.
Try to evict a tenant at the Landlord and Tenant Board for breaching the condo rules, when the tenant has never been provided with them, and it hasn't been sufficiently clear in the lease that a breach of the rules equates to a breach of a landlord's lawful right, interest and privilege under the Residential Tenancies Act.
Tenant claimed that the listing agreement was not only for the sale of the real estate property itself, but also for the sale of the «turnkey restaurant» and its «long term lease,» and that Broker therefore breached its duties to Tenant by cancelling the listing agreement.
Harvard Associates, Ltd. v. Hayt, Hayt & Landau (238 A.D. 2d 378)- summary judgment to dismiss broker's claim for breach of contract denied where issue of fact exists as to whether or not broker was the procuring cause of re-negotiated lease; contract provision obligates the party to protect and preserve the broker's right to recover any earned commission from the owner.
Julien J. Studley, Inc. v. Coach, Inc. (3 A.D. 3d 358)- broker's cause of action alleging commission is owed due to bad faith termination of brokerage agreement is reinstated; broker adequately alleged that landlords of the property in question circumvented the brokerage agreement by contacting the company directly and negotiating lease; broker's causes of action seeking to hold tenant liability for breach of brokerage agreement's exclusivity provision reinstated; record supports the allegation that tenant breached the exclusivity provision of the brokerage agreement prior to its termination
The Bear Stearns Co., Inc. (278 A.D. 2d 121)- broker breached its fiduciary duty and therefore forfeited any right to compensation for its services where broker failed to disclose to its principals that broker had agreements with third parties to receive commissions in connection with the leasing of two properties which broker was proposing that its principals lease
Day Realty Corp. v. Mayflower Agency Co. (174 A.D. 2d 302) question of fact whether broker breached fiduciary obligation by substituting less favorable lease terms for bank with whom broker allegedly had an ongoing relationship.
Curtis Properties Corp. v. Greif Companies (236 A.D. 2d 237)- cause of action in quantum merit reinstated (see, Curtis Properties Corp. v. Grief Companies [212 A.D. 2d 259]-RRB-; broker engaged as exclusive buyer's agent; broker may proceed both on breach of contract and quasi-contract theories where there is a bona fide dispute as to the existence of a contract or the contract does not cover the dispute in issue; quantum meruit recovery is proper where the defendant wrongfully has prevented the plaintiff's performance of a written agreement; broker negotiated lease terms for principal with a third party which principal used to negotiate their own lease terms with their current landlord.
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