July 2008
Should I Stay or Should I Go?The Effect of a Landlord Providing Notice of Termination of a Lease Prior to the Expiration of the Cure Period
By Thomas L. Caradonna and Jennifer E. Behm
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?
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