Since this is a potentially significant harm, negotiating a right of early termination by sufficient termination in the lease agreement would be the best preventive measure. This is a right of pre-emption. There is essentially a pre-emption clause when the owner, when he wants to sell the property, must first make you an offer. You can then choose to accept or decline the offer. If you choose to refuse it, a right of pre-emption would usually guarantee that the property will be sold to the third party subject to your rental. This means you wouldn`t be in an uncomfortable position of having to look for an alternative job. The first point of reference is the lease itself, which governs the contractual obligations of the parties. Contrary to popular belief, each lease is different and its actual provisions can vary considerably. In this context, the following points are based on current practice and fundamental principles of law. This means that while you can terminate your contract despite a minimum period of time, you may have to pay damages to your landlord in accordance with what has been agreed. If you`re wondering why the landlord can`t mitigate their losses by looking for another tenant instead of forcing you to pay for the unmatured term, the same case Berjaya Times Square tells us that the landlord doesn`t have to mitigate their loss. This argument stems from the British case of White & Carter (Councils) Ltd. v.
McGregor, in which the judge held that if only one party decided to terminate the contract, the other party could either accept it and bring an action for damages, or refuse termination and continue the contract as usual. Only if the lease includes a force majeure clause can the MCO have an impact on the contract. A force majeure clause essentially states that when an unexpected event (e.g. B force majeure and declaration of war) occurs outside the control of a party, some contractual obligations of the parties are suspended, as they are not able to perform the contract due to this unexpected event. Depending on the wording of the clause, the entire contract may also be terminated and not suspended. Even if there is no “termination clause”, it can be argued that the non-payment of rent by the tenant constitutes a fundamental violation of the lease that entitles the lessor to terminate. In all situations, the landlord must act reasonably by looking at the tenant sufficiently. In addition, the lessor is also required to reduce its losses at the end of the lease.
This means that the landlord must take appropriate steps to reduce their losses if it is clear that the lease is over – for example by making announcements for new tenants to take over the lease. . . .
