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Lessee Default means any default by the applicable Lessee in payment of a total of three months of rent pursuant to such Lease, and such default remains uncured for more than 120 days from the original due date of the latest payment resulting in a total of three months of rent remaining unpaid.
Proc., § 585(a), (b), (c).) Usually, several days will pass from the time the default was filed to the date that the court clerk actually enters the default in the register of actions. Once the default is deemed ?entered,? you must get an entry of default within 45 days if you intend to obtain a default judgment.
A ?default? is a failure to comply with a provision in the lease. ?Curing? or ?remedying? the default means correcting the failure or omission. A common example is a failure to pay the rent on time.
When a Default occurs, the breaching Party may have a specific time period to Cure the Default before the non-breaching Party is allowed to exercise Remedies. The non-breaching Party may need to give Notice of the Default to the breaching Party to initiate the Cure Period.
A lease is a contractual arrangement calling for the user (referred to as the lessee) to pay the owner (referred to as the lessor) for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased.