sec.379Notice terminating fixed term agreement because of failure to remedy breach

### sec.379 Notice terminating fixed term agreement because of failure to remedy breach A resident under a fixed term agreement may give the provider a notice terminating the agreement before the end of the fixed term if— the resident reasonably believes the provider has breached the agreement; and the resident has given the provider a notice under section 378 requiring the provider to remedy the breach by a stated due day; and the due day has passed; and the resident reasonably believes that— the breach has not been remedied; or after the notice was given and before the due day, the provider repeated the breach and has not remedied the repeated breach. The notice must— be in the approved form; and state why the resident is terminating the agreement; and state the day, not earlier than 7 days after the notice is given, on which the resident is terminating the agreement; and be signed by the resident. (sec.379-ssec.1) A resident under a fixed term agreement may give the provider a notice terminating the agreement before the end of the fixed term if— the resident reasonably believes the provider has breached the agreement; and the resident has given the provider a notice under section 378 requiring the provider to remedy the breach by a stated due day; and the due day has passed; and the resident reasonably believes that— the breach has not been remedied; or after the notice was given and before the due day, the provider repeated the breach and has not remedied the repeated breach. (sec.379-ssec.2) The notice must— be in the approved form; and state why the resident is terminating the agreement; and state the day, not earlier than 7 days after the notice is given, on which the resident is terminating the agreement; and be signed by the resident. - (a) the resident reasonably believes the provider has breached the agreement; and - (b) the resident has given the provider a notice under section 378 requiring the provider to remedy the breach by a stated due day; and - (c) the due day has passed; and - (d) the resident reasonably believes that— (i) the breach has not been remedied; or (ii) after the notice was given and before the due day, the provider repeated the breach and has not remedied the repeated breach. - (i) the breach has not been remedied; or - (ii) after the notice was given and before the due day, the provider repeated the breach and has not remedied the repeated breach. - (i) the breach has not been remedied; or - (ii) after the notice was given and before the due day, the provider repeated the breach and has not remedied the repeated breach. - (a) be in the approved form; and - (b) state why the resident is terminating the agreement; and - (c) state the day, not earlier than 7 days after the notice is given, on which the resident is terminating the agreement; and - (d) be signed by the resident.