I will still disagree. In the dispute I was involved in the plaintive claimed he could not perform the contract due to the actions of the defendant. We held that it does not matter the legitimate or illegitimate reason for not performing, but the fact that he did not perform his end of the bargain was a breach of contract. There was no monetary award though due to the circumstances.
So I don’t think it matters if the breach is beyond the legitimate control of bmw. They contracted to provide a working car, then made it impossible to use that car. Lease payments should be suspended. We are not talking a repair time period of a week or even a month which would be expected, but many months, which is a Breach of providing a working car. It would be similar in an apartment lease where the place was made unlivable. It would not matter if the landlord could not find a contractor or not. The renter would not be required to continue paying rent.
And the judge agreed with us and the two lawyers went back to do their homework and adjust their bills for incompetence.
Had to wait a week for the dealer to get a new window switch. Easy release duct tape and plastic wrap got me through. That easy release duct tape was great, strong grip and no residue! I had some heavier plastic for the 500 mile trip home, all I had at the time, it was foggy but held up at highway speeds. It was so nice to have a clear view with the plastic wrap. Why did not I go buy some new stuff, thought it would be ok, it was more difficult to see out of and I really did not expect it would be so difficult, and of course it happens on a Friday afternoon while packing and cleaning to leave Sat. am!
Now it is similar to the car in that the lessee first damaged the car.
This is complicated since the car has residual damage from his accident that has not yet been rectified. Depending on the verbiage of the lease agreement, there may be early termination clauses but they will be expensive since the car is undriveable and has significant damage. Then throw the insurance company into the mix. This isn’t any simple landlord-tenant issue…
I confess to not reading the accident end of it which would change things. As far as apartments go though I was thinking damage not caused by the tenant, and being the landlord responsibility. That’s why I don’t charge though.
I better go work on the car. Wax on, wax off. Joe bonomo karate instructions.