Question
In February 2020, Second Cup signed a lease amendment extending its lease for an additional ten years. The amendment required Second Cup to pay a
In February 2020, Second Cup signed a lease amendment extending its lease for an additional ten years. The amendment required Second Cup to pay a non-refundable deposit of $30,000. Second Cup paid the deposit. When the COVID-19 pandemic hit in March, Second Cup was forced to suspend operations and became concerned that it would be unable to pay April rent. The landlord advised Second Cup that it could pay April rent in two installments, on April 1st and April 15th.
Although Second Cup paid nearly 75% of its rent on April 1st, the landlord issued a notice of default two days later. A few weeks later, the landlord demanded that Second Cup pay both rent arrears and rent for the entire month of May on May 1st. When Second Cup failed to make that payment, the landlord changed the locks. On May 4th, the landlord sent a notice of termination relying on the April 3rd notice of default and rejected Second Cup's offer to immediately pay all outstanding rent.
Will the Landlord be successful in evicting Second Cup? Why or why not?
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