Also known as: change of conditions · changed condition · changes of condition · change in condition · changed circumstances
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A change in the physical state of leased property occurring after the lease is made and without the tenant's fault. When caused by the landlord, the change constitutes a breach of the landlord's obligations and entitles the tenant either to terminate the lease and recover damages or to continue the lease and obtain damages or rent abatement.
A substantial alteration in the physical state of goods that is not caused by their own defects. Such a change prevents a buyer or lessee from revoking acceptance if it occurs before the revocation is attempted.
A substantial and continuing alteration in the parties' factual situation that renders the existing terms of a maintenance or support decree unconscionable. Only this type of change permits modification of future installments under the decree.
Each sense below has its own examples, sources, and questions.
A change in the physical state of leased property occurring after the lease is made and without the tenant's fault. When caused by the landlord, the change constitutes a breach of the landlord's obligations and entitles the tenant either to terminate the lease and recover damages or to continue the lease and obtain damages or rent abatement.
Select any source to read its text and confirm it supports the definition.
Cypress Technologies leased warehouse space from Continental Bank. After the lease began, the bank's failure to repair a leaking roof caused widespread water damage to the premises. Cypress elected to keep the lease in force and sued for damages plus an abatement of rent. Because the change resulted from the landlord's fault, the tenant obtained both forms of relief while remaining in possession.
Cade Carpenter leased retail space from Continental Bank. After the tenant took possession, the bank's negligent maintenance caused the HVAC system to fail, rendering the space unusable during peak season. Carpenter chose to remain in the lease and sought damages together with a rent abatement. The landlord's responsibility for the change entitled the tenant to both remedies while continuing the tenancy.
Cody Callahan leased an apartment from Continental Bank. Shortly after the lease date, the bank's failure to correct a known plumbing defect flooded the unit. Callahan terminated the lease under the prescribed procedure and recovered damages. Because the change in condition resulted from the landlord's fault, termination and damages were available remedies.
The tenant must show that the change occurred after the lease date, without the tenant's fault, and resulted from the landlord's conduct or failure to fulfill obligations. When these elements are met, the tenant may continue the lease and recover an abatement of rent to the extent prescribed by the governing rules.
Supporting sources
Yes. The tenant may terminate in the manner prescribed by the applicable rules and recover damages when the change results from the landlord's fault. The tenant may instead elect to continue the lease and seek damages or rent abatement.
Supporting sources
A substantial alteration in the physical state of goods that is not caused by their own defects. Such a change prevents a buyer or lessee from revoking acceptance if it occurs before the revocation is attempted.
Select any source to read its text and confirm it supports the definition.
Cobalt Energy purchased industrial pumps from Copperfield Mining. After acceptance, the buyer discovered a latent defect but delayed revocation while using the pumps in a new process that caused substantial wear unrelated to the defect. Because the change in condition occurred before revocation and was not due to the pumps' own defects, revocation was no longer available.
Revocation is barred once a substantial change in the goods' condition occurs that is not caused by their own defects. The buyer must act within a reasonable time after discovering the ground for revocation and before any such unrelated change takes place.
Supporting sources
Revocation is not effective until the buyer or lessee notifies the other party. The notice requirement applies even when the timing and condition-of-goods rules are otherwise satisfied.
Supporting sources
A substantial and continuing alteration in the parties' factual situation that renders the existing terms of a maintenance or support decree unconscionable. Only this type of change permits modification of future installments under the decree.
Select any source to read its text and confirm it supports the definition.
After their divorce, Claire Campbell was ordered to pay child support calculated from her modest salary. She later inherited farmland and began receiving large federal subsidies that dramatically raised her income. The court found these developments constituted changed circumstances so substantial and continuing that the original support amount had become unconscionable and granted a downward modification.
The moving party must demonstrate that the change is so substantial and continuing that enforcement of the original terms would be unconscionable. Modification affects only installments accruing after the motion is filed.
Supporting sources
…use has long been engaged in by similarly situated owners ordinarily imports a lack of any common-law prohibition (though changed circumstances or new knowledge may make what was previously permissible no longer so, see id. , § 827, Comment g. So also does the fact that other landowners, similarly situated, are permitted to…
…principle to facts as they had not been seen by the Court before. In constitutional adjudication as elsewhere in life, changed circumstances
…alternatives as well as recalculation of costs and benefits, we assume that the Commission will take into account the
…to possession of the children. It does not open the door for the modification of any prior award of custody on a showing of changed circumstances. Nor is it available as a procedure for settling the future custody of children in the first instance. “It is well settled that habeas corpus is not the proper or appropriate action to…
…performance.[^maj-1] When the issue is raised, the court is asked to construct a condition
Connor Clark leased office space from Continental Bank. After taking possession, the bank's omission to maintain the building's electrical system caused repeated power failures. Clark terminated the lease in the required manner and recovered damages. The landlord's responsibility for the change permitted termination and a damages award.