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Lyle Ladd served Toni Thomas with a 3-day notice to perform or quit because she had put a political poster in her window in violation of a covenant in her rental agreement. Thomas refused to remove the poster from her window, so Ladd filed a UD action against her. During trial on the action, Ladd produced photos of the poster and produced the lease, which prohibited any signage in tenant windows. Thomas testifies that her right of free speech is at issue and she has no intention of removing the poster. How would you rule?
This is a tough one, but in general, a trivial breach will not support a termination. Because this borders on a constitutional issue, you might want to encourage a settlement between the parties. In the end, you would decide how much weight to place on the tenant’s breach. |
How Would