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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)

Citation
In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Parent Document
In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Effective Date
1985-04-22

Other Sections in This Document (121)

Full Text

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It is well established that as a general rule equity will relieve against a forfeiture caused by nonpayment of rent unless it is unjust or inequitable to do so, the only condition precedent to such relief being the tender or payment of the arrears with accrued interest. This rule is based upon the theory that such forfeitures are intended merely as a security for the payment of money and are not intended to enable the landlord to obtain undue advantage of the tenant. We are clear that the tenant was entitled to avoid a forfeiture by the tender which was made. Id.