Right to Cancel the Lease
The right of a party injured by a fundamental breach of the contract has the right to cancel the contract, and it expresses the freedom that the injured party has to be released from it.
The right of cancellation – whether by virtue of law or under the contract – is perceived as protecting the interests of the party affected by the breach of contract.
Granting the right to cancel a lease by the tenant sends a warning message that may prevent the existence of future violations in advance, and at least impose their cost on the infringing party and thus prevent abuse of the contractual mechanism.
It has already been held that a greater benefit, in the sense of encouraging effective contracts, will be achieved when parties to futures contracts are sure that where their contractual right is violated in a fundamental breach, they will be able to cancel the contract and enjoy the right of restitution.
The right of cancellation granted to a victim due to a fundamental violation may also effectively deter potential violators, thus fulfilling another social purpose.
For example, an apartment in which essential defects, repeated short circuits is discovered.
Both parties decide not to do anything about it simply because they both know that the tenant will not be in a hurry to cancel the lease and move the apartment because the other apartments are significantly more expensive.