Breach of the Lease Contract. Tachtronic Instruments, Inc, leased ...

[crobinson2013]

Breach of the Lease Contract. Tachtronic Instruments, Inc, leased office and ware-house space in a building owned by Provident Mutual Life Insurance Co The three-year lease ran until October 31, 1985, and specified monthly payments to Provident in the amount of 2,463. Within the first year of the lease term, Tachtronic defaulted on its payments. When Provident brought an action to evict Tachtronic, the small firm paid a portion of the rent due, and the action was dismissed. By February 1984, Tachtronic had largely vacated the premises. On March 1, 1984, Tachtronic met with representatives of Provident at the leased premises. The premises were inspected by Provident, and Tachtronic removed its remaining possessions, swept the floor with a broom, and turned over the keys to Provident. Immediately thereafter, Provident sought a new tenant for the premises. A new tenant was found, and a more lucrative lease beginning November 1, 1984, was created between Provident and the new tenant. In June 1984, Provident commenced an action to recover the rent due from Tachtronic prior to its departure from the leased premises and also the rent due and payable for the remainder of the lease. Discuss whether Provident could collect.

Question 2

According to the National Transportation Safety Board, alcohol or other drugs were a factor in accidents involving truck drivers killed in highway accidents.
 a. two thirds b. half
  c. one third
  d. one fourth
  e. three fourths

[joewallace]

Answer to Question 1

Breach of the lease contract
A lease may be terminated by express agreement or by implied agreement. The latter is some-times called termination, or surrender, by operation of law. Surrender by operation of law arises from a condition of fact that is voluntarily assumed and that is incompatible with the existence of a landlord tenant relationship. In this case, although the lease was not specifically terminated when Tachtronic vacated the premises, Provident's actionsaccepting the keys from Tachtronic and seeking another tenantevidenced its intention to treat the lease as terminated. Therefore, the appellate court found that the trial court jury had been reasonable in its decision that the lease had been terminated on March 1, 1984, freeing Tachtronic from future liabilities under the lease.

Answer to Question 2

c