No Lease Termination for Anticipatory Breach

May 31, 2011
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Facts: A retail tenant assigned its lease to a drugstore, but asked the owner if it could remain primarily liable for the strip mall space, instead of reducing or entirely relieving itself from liability. The owner objected to the assignment and sued the tenant.

The trial court ruled in favor of the owner. It pointed out that the tenant's lease with the owner provides that the owner is entitled to terminate the lease if the tenant: (1) makes a late rent payment; or (2) is relieved from liability or reduces its liability by assigning or subletting to another business.

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