Owner's Material Breach Is Incurable

December 23, 2015
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Facts: An owner and tenant signed a lease for office space, whereby each party would perform renovations to the space to convert it from industrial to office space. The owner was to perform its renovations first. After the owner missed the deadline to turn the space over to the tenant with the completed renovations—a material breach—the tenant notified the owner that it planned to terminate the lease.

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