Mutual and independent charges in a lease
Each party must find out whether the specific charge it has to make is an independent charge or a charge conditional on the existence of a parallel charge from the other party.
The lease always counts independent charges as well as parallel charges.
And even if the lease explicitly states that the obligations of the parties to the lease are parallel charges, then the law stipulates independent charges, which supersede the provisions of the lease.
The landlord is required to perform a long series of actions from the moment he signs the lease until the termination of the lease, in a period that sometimes lasts a year or more.
The same is true of the tenant towards the landlord. Charges of the landlord, delivery of possession of the apartment to the tenant when the apartment ‘fits’ to what has been agreed and the law, repairs of defects, and more and more.
On the part of the tenant, receiving possession of the apartment, paying the rent, maintaining the apartment, returning the apartment at the end of the rental period, and much more.
It is important to be careful and considerate.
And what did I mean? Times when a party to the lease breaches the lease and the other party in response ‘thinks’ that he too may therefore breach his obligations.
But before he acts, he must ask himself whether his charge is a parallel charge or not.
If his charge is a parallel charge, then if the other party has breached the lease, he is also ostensibly allowed not to fulfill his charges.
But if the charges in the lease are not parallel then even if the other party has breached the lease, he must still continue to comply with its provisions.