Lessor's Right to Eviction Following Rent Non-Payment Trumps Subsequent Cure
Synthèse Legislator
Généré par l'IAA lessor sought to terminate a lease agreement due to the lessee's non-payment of rent, demanding both eviction and payment of arrears, and the lower court ruled in favor of the lessor, ordering both eviction and payment of the amounts due. The lessee appealed this decision, arguing that the breach of contract (non-payment) only justified termination and not necessarily eviction if the tenant subsequently paid the arrears before the judgment became final. The highest court rejected the appeal, reasoning that under the applicable law, once the termination clause was validly invoked due to the lessee's failure to pay rent, the judicial finding of the breach also automatically justified the lessor's claim for repossession of the premises, regardless of subsequent payment made after the breach occurred.
Regeste Legislator
Généré par l'IALessor's Right to Eviction Following Rent Non-Payment Trumps Subsequent Cure: The lessee appealed this decision, arguing that the breach of contract (non-payment) only justified termination and not necessarily eviction if the tenant subsequently paid the arrears before the judgment became final. The highest court rejected the appeal, reasoning that under the applicable law, once the termination clause was validly invoked due to the lessee's failure to pay rent, the judicial finding of the breach also automatically justified the lessor's claim for repossession of the premises, regardless of subsequent payment made after the breach occurred.