Plaintiff and defendant entered into an agreement for the leasing of a shopping center. Plaintiff contends that defendant stopped paying the lease payments and is in default of the lease agreement. Plaintiff demands that defendant pay the balance of the lease agreement.
Ohio Complaint for Breach of Lease
State:
Multi-State
Control #:
US-60923
Format:
Word;
Rich Text
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FAQ
A petition must contain only a short and plain statement of the claim that shows the plaintiff's entitlement to relief and a demand for judgment. The petition should be simple, concise and direct, and it should give fair notice of the nature of the plaintiff's claim and the grounds on which it is based.
The following three elements must be proven by a greater weight or preponderance of the evidence in order to prove a breach of contract. the existence of a contract; an unexcused non-performance of an obligation under the contract amounting to a breach of contract; and. damages caused by the breach.
Here is a brief summary of the process: Determine whether you have a contract. See whether the other party has breached the contract. See if there is any way to settle out of court. Decide which county is the right place to file. File the petition and summons with the court clerk.
Plaintiff, suing for breach of contract, must prove that the defendant indeed did breach the terms of their initial agreement. The plaintiff must have followed the contract themselves at all times. The plaintiff must have notified the defendant of the breach before proceeding with a lawsuit.
How to File a Breach of Contract Lawsuit Determine whether you have a contract. See whether the other party has breached the contract. See if there is any way to settle out of court. Decide which county is the right place to file. File the petition and summons with the court clerk.
You must have clear evidence that the other party has not adhered to their duties under the contract. They may have failed to perform any of their duties, performed some but not all of their duties or performed poorly.
File a complaint with your local OCRC office either in person, by telephone or on our website (.crc.ohio.gov). Charges must be filed within one year from the date of harm. All services are free of charge.
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
