Lessor v. Lessee: Rent Arrears and Termination Clause Invocation

A lessor sued the lessee for rent arrears and sought eviction after the lessee failed to pay rent following a notice to pay or vacate, despite the lessee arguing that the lease contained a mutual termination clause triggered by the non-payment of the rent itself. The court overturned the lower court's decision, reasoning that while the termination clause was stipulated, the non-payment of rent, which gave rise to the action, constituted a breach by the lessee, thereby preventing the lessee from invoking the clause intended to sanction such a breach as a means of mutual release from the contractual obligation to pay the arrears.