What to do about a breached lease?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about a breached lease?

Currently they are with holding security and excess fuel we put in the LP tank. How can they unjustly enrich themselves with our money? There are several breaches in the agreement also, which include old electrical service, no fire extinguisher and not supplying adequate appliances in good working order. In the breached contract, must we abide by the 21 day waiting period included? Or can we file under breach of contract before and include these other issues?

Asked on December 20, 2011 under Real Estate Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

When there has been a material breach of contract, you can sue immediately without tendering your performance.  A material breach of contract is one that goes to the basis of the bargain, the heart of the contract.  The facts you have mentioned are indicative of a material breach of contract.  Therefore, you can sue immediately without complying with the twenty-one day waiting period to prevent unjust enrichment.

If only a minor breach of contract had occurred, then you would need to tender your performance before suing for breach of contract.  A minor breach of contract does not go to the basis of the bargain or the heart of the contract.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption