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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rubin v. Josephson, 478 A.2d 665 (1984)

Citation
Rubin v. Josephson, 478 A.2d 665 (1984)
Parent Document
Rubin v. Josephson, 478 A.2d 665 (1984)
Jurisdiction
Maine (state)
Effective Date
1984-06-04

Other Sections in This Document (67)

Full Text

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we must now consider whether the defendant’s failure to pay the rent due amounted to a forfeiture of the lease. At common law, mere nonpayment of rent did not, in the absence of express stipulation to the contrary, give rise to a right to terminate a lease. 5 See Beal v. Bass, 86 Me. 325, 335, 29 A. 1088, 1092 (1894); see also tenBraak v. Waffle Shops, Inc., 542 F.2d 919, 923 (4th Cir.1976); 3A Thompson on Real Property § 1335, at 606-07 (1981 Replacement); 49 Am.Jur.2d, Landlord and Tenant