Breach of Written Lease

Paradigm Investment Group, LLC, et al. v. Brazelton, [Ms. 1200137, Sept. 17, 2021] __ So. 3d __ (Ala. 2021). The Court (Sellers, J.; Parker, C.J., and Bolin, Wise, and Stewart, JJ., concur) affirms the Madison Circuit Court’s summary judgment for the landlord for breach of a written commercial lease agreement. The Court rejects the tenant’s abandonment defense and explains

Despite the fact that the tenants abandoned the premises, that abandonment did not relieve them of their obligation to pay rent. The landlord specifically notified the tenants that they were in default under the terms of the lease based on their “failure to pay rent and abandoning the premises,” and the landlord sued the tenants, alleging breach of the lease agreement. Accordingly, the landlord’s remedies are governed by the lease. It is well settled that lease agreements are contracts, and the provisions of the lease are conclusive and govern the rights of the parties. Horne v. TGM Assocs., L.P., 56 So. 3d 615 (Ala. 2010).

Ms. **6-7. The Court holds “[b]ecause the landlord terminated the tenants’ right of possession to the premises without terminating the lease, the tenants had a continuing obligation to pay rent, additional rent, and other obligations under the lease until the landlord was able to ‘relet the Premises under terms satisfactory to Landlord in its reasonable discretion.’” Ms. *9.

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