A breach of lease is essentially the same thing as a breach of contract. Because a lease is a type of contract, the legal analysis does not change too much, but there are sometimes special statutory laws applicable in interpreting a lease agreement.
In general, a legally actionable breach of lease or contract occurs when a (1) party is under an absolute duty to perform, this (2) absolute duty of performance has not been discharged, and there is a (3) failure to perform in accordance with the contract’s terms. The non-breaching party, in turn, must be willing and able to perform the terms of the contract.
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