Question 2) 6 Points

Lessor signs a lease with a lessee. It is a triple net lease and the lessee is also responsible for on-going repairs and maintenance of the unit. In the middle of one of the worst snowstorms in the last 20 years, the heat went out in Lessee's unit. Lessee immediately called several HVAC repair companies. 6 of the 7 repair companies Lessee called came out to inspect the unit. Out of the 6 that looked at the problem, 5 of them told Lessee the heating unit cannot be fixed and has to be replaced. One of them told Lessee, he might be able to fix it but he needs at $2,000 deposit and it might take him a week to fix it, given his overloaded schedule. Lessee then called the Lessor, but Lessor did not answer his cell phone. Lessee followed up with multiple phone calls, texts, and emails...no response. After several days without heat in the severe snowstorm, Lessee abandoned the rental unit, and subsequently refused to pay rent for the remaining term of the lease. Lessor sued Lessee for the unpaid rent. Who will most likely win the lawsuit based on which breach of contract ?