Don't Assume Anticipatory Breach Just Because Tenant Vacates

The rule of “anticipatory breach” gives you the right to take immediate legal action against tenants that no longer intend to fulfill their remaining obligations under the lease. The catch: The tenant must make it crystal clear, whether by words or by actions, of its intent to bail on the lease. On its face, vacating the premises mid-lease seems like the kind of thing that would give a landlord solid grounds to claim anticipatory breach. But that’s not necessarily the case.

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