Termination-right clauses work best when hedged with tenant protections against their abuse

Evidence

“(As a hedge against our client’s right of termination, T is guaranteed the continued possession of the premises upon a payment of a reasonable rent. T is further given the tactical advantage of not being required to pay the deficiency until after receipt of notice of termination. This protects T in that he will not feel compelled to pay the deficiency unless he receives a notice of termination; and he is not apt to receive such notice unless our client actually has a prospective tenant or unless our client is prepared to risk a bluff. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3443

Categorization

• XREF: connects to: Courts hesitate to imply lease conditions, forcing lawyers to draft explicit contingency clauses — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3411