What is considered a “material breach” of a lease?

A “material breach” of a lease refers to a significant violation of the lease terms that undermines the very essence of the agreement, giving the non-breaching party the right to terminate the lease. This means that the breach is serious enough that it impacts the ability of the landlord or tenant to fulfill their obligations or to enjoy the premises as intended.

For example, if a tenant fails to pay rent over several months or causes substantial damage to the property, these situations could be deemed material breaches because they compromise the landlord's ability to receive payment for the property or maintain its condition. In contrast, minor infractions, such as a tenant's one-time late payment, do not typically justify termination of the lease because they do not fundamentally impair the lease's purpose.