Tenants are sued every day
for breaches of their lease and monies owed.
When the property owner filed a suit for trespass, the production company filed counterclaims
for breach of the lease.
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.
Tenants are sued every day
for breaches of their lease and monies owed.
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.
If the tenant is displaced, inconvenienced, robbed, or otherwise unhappy, that can lead to a claim
for breach of the lease.
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.