What to do about a breached lease?

UPDATED: Dec 20, 2011

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What to do about a breached lease?

Currently they are with holding security and excess fuel we put in the LP tank. How can they unjustly enrich themselves with our money? There are several breaches in the agreement also, which include old electrical service, no fire extinguisher and not supplying adequate appliances in good working order. In the breached contract, must we abide by the 21 day waiting period included? Or can we file under breach of contract before and include these other issues?

Asked on December 20, 2011 under Real Estate Law, Wisconsin


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When there has been a material breach of contract, you can sue immediately without tendering your performance.  A material breach of contract is one that goes to the basis of the bargain, the heart of the contract.  The facts you have mentioned are indicative of a material breach of contract.  Therefore, you can sue immediately without complying with the twenty-one day waiting period to prevent unjust enrichment.

If only a minor breach of contract had occurred, then you would need to tender your performance before suing for breach of contract.  A minor breach of contract does not go to the basis of the bargain or the heart of the contract.

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