Right to Cure: Your Chance to Fix a Breach Before It Escalates
What Is the Right to Cure?
The right to cure is a contract provision that gives the breaching party a specified period of time to fix ("cure") a default before the other side can exercise remedies like termination, acceleration, or legal action. It acts as a safety net — an opportunity to correct the problem before facing serious consequences.
Without a right to cure, even a minor or inadvertent breach could trigger immediate and severe contract consequences.
How Cure Periods Work
A typical cure provision includes:
- Notice requirement: The non-breaching party must provide written notice specifying the default
- Cure period: A defined number of days (commonly 10-30 days) to remedy the issue
- Cure standard: What constitutes an acceptable cure — must you fully resolve the issue or just begin taking steps?
- Multiple cure rights: Some contracts limit how many times you can invoke cure rights during the contract term
Cure Periods by Contract Type
- Commercial leases: Typically 10-30 days for monetary defaults, 30-60 days for non-monetary defaults
- Loan agreements: Often 5-15 days for payment defaults, 30 days for covenant defaults
- Vendor contracts: Commonly 15-30 days, though some provide longer periods for complex performance issues
- Residential leases: Many states mandate minimum cure periods by statute (e.g., 14 days for non-payment in many jurisdictions)
What to Negotiate
- Longer cure periods: Especially for non-monetary defaults that may take time to resolve
- Notice before the clock starts: Ensure the cure period does not begin until you receive actual written notice
- Extension for good-faith efforts: If the default cannot reasonably be cured within the standard period but you are making diligent efforts, the period should extend
- No waiver of future cure rights: Using your cure right once should not eliminate it for future defaults
Red Flags
- No cure period at all for certain defaults
- Cure periods that are too short to realistically fix the problem
- Ambiguous cure standards that let the other party decide whether the cure is adequate
When to Consult a Lawyer
If you have received a default notice, consider consulting an attorney immediately to understand your cure rights, the applicable timeline, and what steps constitute an adequate cure.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.