If a breach of lease is remedied before the option is exercised, can the option be honoured?
Alberta, Canada
The following excerpt is from Finn v. Finn, 1983 CanLII 1007 (AB QB):
In my opinion, the weight of the authority supports the proposition expressed in Finch v. Underwood that if a breach of term of a lease is remedied before the option is exercised, the option must be honoured. The applicability of this principle will of course be dependent on the interpretation of the particular lease in issue.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a term in the lease stating that a breach by the tenant is determined upon any breach of the lease constitute a proviso for re-entry? (Alberta, Canada)
Can a member of a resort club lease a 30-45-60-year lease to a residential unit at a resort resort club where the lease terms are 3 years? (Alberta, Canada)
In which a new lease has been substituted for a existing lease, can the landlord continue to distrain under the original lease? (Alberta, Canada)
Can a lease holder be ejected from a commercial lease because the lease is not secured by the lessor, but by the assignee of a mortgage? (Alberta, Canada)
Does the term "by the lessee" in a Leased Offshore Leased Agreement apply to drilling operations on the lease? (Alberta, Canada)
Does a defendant have a right to recover from a plaintiff in a claim for damages arising out of a breach of a lease? (Alberta, Canada)
Is there any difference between a landlord and a purchaser of a lease where the lease is registered as an actual notice rather than a bill of sale? (Alberta, Canada)
Is a breach of a court order a tort for breach of the statute or common law? (Alberta, Canada)
Can a motion for a declaration proceed in the absence of any other remedy for the respondents in the context of a breach of their Charter of Charter Rights? (Alberta, Canada)
What is the remedy for a breach of the rule of practice? (Alberta, Canada)
