Dependent covenants are obligations assumed as consideration for the other party s promises. If one party fails to perform, the other is relieved of her obligation under her covenant. The remedy for breach of a covenant is an action for damages. For the most part, the non-breaching party may not break the lease upon the breach of a covenant. Conditions contained in a lease are contractual in nature.
Conditions are restrictions or qualifications contained in the lease.
The remedy for breach of a condition contained in a lease is cancellation of the lease. The most significant difference between covenants and conditions are contained in the lease. The remedy for breach of a covenant is usually an action for damages. The remedy for breach of a condition can result in the forfeiture of the lease. Landlord s Rights and Duties.