Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Should I Stay or Should I Go?

By Thomas L. Caradonna and Jennifer E. Behm
June 26, 2008

The standard commercial lease contains language providing that if a tenant defaults in the performance of an obligation for more than a certain period of time after a landlord gives the tenant written notice of such default, then there is an 'event of default' under the lease, and the landlord is entitled to certain remedies, including dispossession and termination of the lease. The purpose of a 'cure period' provision is to allow the tenant an opportunity to cure a default under the lease before further action can be taken unilaterally by the landlord.

However, what happens if the landlord attempts to terminate the lease before the tenant has cured the default and before the end of the cure period? Is this early notification invalid or does it become effective immediately upon the expiration of the cure period without cure?

Generally, courts treat a contractually provided cure period as mandatory, and any purported termination of a lease prior to the expiration of such cure period makes such termination ineffective. See, e.g., Sauer v. Xerox Corp., 17 F. Supp. 2d 193, 197 (W.D. N.Y. 1998). Similarly, courts also require landlords to follow the requirements for notice of default and termination strictly because the law disfavors forfeitures. See Josephson v. National Screen Service, 810 S.W. 2d 708, 709 (Mo. Ct. App. 1991) ('The courts, in their abhorrence of forfeitures, search for legal reasons not to enforce them, and hold parties seeking to enforce them to a scrupulous observance of all legal and contractual requirements.'); see also Davis v. Wickline, 135 S.E.2d 812, 814 (Va. 1964).

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.