Notice Provisions in Lease Documents and Why We Care
Friday, September 14th, 2007Scenario 1: Sue is a tenant of Bob’s pursuant to a Lease with a 10-year Initial Term. It is 6 months prior to the expiration date of the Lease, and Sue’s renewal option provides for at least 3 months written notice to Bob before the expiration of the Initial Term if Sue would like to continue her tenancy for another 5 years. Sue’s business is prosperous, and she would like to exercise her 5-year renewal option. Therefore, she types a letter notifying Bob of her intent to continue her tenancy, signs the bottom of the letter, and places the letter in a UPS box for overnight delivery to Bob.
Scenario 2: John is the LL of a 40-story building in Charlotte, NC. The building is at 95% capacity when he is approached by Jane. Jane would like to rent the entire 23rd Floor of the Building to accommodate her mortgage lending business. John is thrilled because he has been trying to rent out the 23rd Floor for quite some time. He currently has 2 tenants on the Floor; however, in each of their leases, John negotiated for a relocation clause, which allows John to relocate the 2 tenants upon 90 days written notice. John may relocate these 2 tenants currently occupying part of the 23rd Floor to other suitable space within the Building. John decides it is more profitable to have Jane occupy the entire 23rd Floor, so he types letters to the 2 tenants on 23rd Floor explaining where they will be relocated within the Building. Then, John decides, as a personal touch, to hand-deliver the letters to each of the tenants. (more…)

