Termination Of Lease Agreement Case Law

11 octobre 2021 - 2 minutes read

The judgment indicates that the previous case-law, which considered as untenable a breach of the obligation to fail to offer an abuse of rights that led to the ineffectiveness of the termination due to the needs of an owner. It was also said that the breach of an obligation resulting from a justified dismissal because of the needs of an owner could not make a dismissal because of personal needs an abuse of a right and therefore an inefficiency. Shortly thereafter, the applicant received a letter from the Browns` lawyer stating that the defendant`s attempts to re-lease the personal property to the new tenants of the restaurant had not been successful. Since the claimant had previously in announced his intention to proceed with a public sale of the rental property following the delay, the claimant should do so immediately in order to avoid wear and tear on the new tenants. The claimant then took over the equipment and, approximately 10 days after receipt of that letter and after the publication of the corresponding communications, sold the items in question for US$4,250 at a public auction. In pursuing this course, the claimant invoked the following provision of the lease: « In the event of a delay, the leasing company may choose, at its discretion, that the underlying rents are accelerated and that the full amount of rent is due immediately; or the leasing company may terminate the lease; Or the leasing company may enter the tenant`s premises and, without a court order or other legal proceeding, repossess and remove such property, either with or without notice from the tenant. Such a withdrawal does not represent [16 Cal. 3d 455] Termination of this lease, unless the leasing company notifies the lessee in writing and the leasing company is entitled to lease the property to another person or person on the terms set by the leasing company; or to sell the property to the highest bidder at public or private sales where the leasing company may be the buyer….