A breach by the landlord of its obligations under the lease, such as failing to maintain the building, deliver possession, or provide agreed services, that may entitle the tenant to remedies including rent offset or termination.
Commercial leases historically gave tenants few remedies for landlord defaults, requiring tenants to sue for damages while continuing to pay rent. Modern negotiated leases now include specific landlord default provisions with cure periods (typically 30 days, with extensions for good faith cure efforts), and remedies such as self-help rights (tenant performs the work and deducts costs from rent), rent abatement for service failures, and ultimately termination rights for material uncured breaches. Tenants should ensure landlord default provisions are symmetric with tenant default provisions. Lease abstracts should document which defaults trigger which remedies and what cure periods apply.
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