Legal Updates

Notice of termination of a lease must be within a reasonable time and include all grounds for termination

February 27, 2018

An owner of an asset leased to the store informed the tenant, after a year, by an SMS that the agreement is terminated because the tenant had not provided an invoice that was to be provided at the beginning of the lease. The owner then turned to the Court in an eviction claim detailing further violations of the lease agreement.
The Court rejected the claim and held that it is not possible to request a remedy from the Court for reasons of termination that did not appear in the termination notice. Not every violation of the agreement allows its termination and the right to terminate without granting the right to remedy the breach exists only when the breach is significant and serious. In addition, termination of a contract shall be by a notice to the breaching party within a reasonable time after the breach has been discovered and the fact that the owner of the property waited a year before giving notice of termination renders the termination of the agreement unreasonable.