The Leasing Hotline

Tenant Cannot Assert Material Breach Without Notice to Landlord

A tenant's failure to pay rent may not be excused where the tenant alleged that the landlord committed a material breach and where the tenant failed to provide sufficient notice to the landlord. Kinstler v. RTB South Greely, Ltd., 160 P.2d 1125 (Wyoming S.Ct., June 19, 2007).

The landlord and tenant entered into a lease for office space. The tenant was required to pay $1,000 per month for rent plus operating expenses. The lease incorporated a Landlord Work Letter that provided that the landlord was to landscape the area next to the east windows of the north office. The lease further provided that in the event of any alleged default by the landlord, the tenant must give notice of the alleged default to the landlord in writing and afford the landlord a reasonable opportunity to cure the default. Thereafter, the landlord failed to provide the required landscaping, and the tenant discontinued his payment of rent without providing written notice to the landlord of the default. Subsequently, the landlord evicted the tenant from the premises and commenced an action against the tenant seeking to recover the unpaid rent. The tenant affirmatively asserted, inter alia, that the failure to provide the landscaping was a material breach that excused him from paying rent.

The district court disagreed and held that the tenant had not complied with the terms of the notice requirement of the lease and, therefore, the tenant was not entitled to rely upon the default as a material breach that would excuse the payment of rent. The appellate court affirmed, upholding the district court's analysis.

Tenant Cannot Assert Material Breach Without Notice to Landlord

A tenant's failure to pay rent may not be excused where the tenant alleged that the landlord committed a material breach and where the tenant failed to provide sufficient notice to the landlord. Kinstler v. RTB South Greely, Ltd., 160 P.2d 1125 (Wyoming S.Ct., June 19, 2007).

The landlord and tenant entered into a lease for office space. The tenant was required to pay $1,000 per month for rent plus operating expenses. The lease incorporated a Landlord Work Letter that provided that the landlord was to landscape the area next to the east windows of the north office. The lease further provided that in the event of any alleged default by the landlord, the tenant must give notice of the alleged default to the landlord in writing and afford the landlord a reasonable opportunity to cure the default. Thereafter, the landlord failed to provide the required landscaping, and the tenant discontinued his payment of rent without providing written notice to the landlord of the default. Subsequently, the landlord evicted the tenant from the premises and commenced an action against the tenant seeking to recover the unpaid rent. The tenant affirmatively asserted, inter alia, that the failure to provide the landscaping was a material breach that excused him from paying rent.

The district court disagreed and held that the tenant had not complied with the terms of the notice requirement of the lease and, therefore, the tenant was not entitled to rely upon the default as a material breach that would excuse the payment of rent. The appellate court affirmed, upholding the district court's analysis.