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No Breach Too Small? Can a Tenant’s Lease be Terminated Even for Trivial Defaults?

Related Attorneys: Katie Jones
Related Practices: Leasing, General Corporate Transactions, Entity Formations & Joint Ventures

Is a tenant’s failure to provide its landlord with proof of renter’s insurance grounds for eviction? For years, one might have responded with the follow up question: “Is the failure to provide proof of renter’s insurance a material or trivial breach of the lease?” In California, one recent decision suggests that the follow up question may be irrelevant if the lease includes a clause to the effect that “any breach” by the tenant entitles the landlord to terminate the lease. Although this decision now has been reversed, it leaves a number of questions open for further determination.