A lease is a legally binding contract between you, the leaseholder, and the landlord. So, if you violate the conditions of your lease, you are in breach of commercial lease. If you are found to be in breach of the lease, the court may compel you to pay damages, legal fees, and/or make right any breach if it is possible.


The landlord may also pursue possession of your apartment, which is known as forfeiture. If your landlord takes legal action against you, you may need the assistance of a commercial property solicitor.

Identifying if the breach is material or immaterial:

To decide whether the breach is material or inconsequential, the court employs a multi-factor test:

The amount to which the damaged party will be denied the advantage that he should reasonably expect.

The amount to which the injured party can be suitably compensated [by damages] for the portion of the benefit that he will be denied.

The extent to which the failure to comply or propose to perform will result in forfeiture.

The extent to which the entity failing to perform or promising to perform complies with the standards of good faith and fair dealing.

Taking into account all circumstances, including any reasonable assurances, the likelihood that the party failing to perform or offering to perform will cure his failure.

Do I Need an Attorney For this?

If you need to break a business lease early, it is in your best interests to contact a well-qualified and competent real estate solicitor in your area.

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