How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87564
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

Landlord has a tenant which opened a pizzeria more than 50

Resolved Question:

Landlord has a tenant which opened a pizzeria more than 50 years ago and is still in business.
Latest new 5 year Lease was made in 1998. Lease had a 5 year Option to Renew. In 2003, new Renewal of Lease agreement for 5 years was prepared, giving Tenant another 5 year Option to Renew. Renewal covered tenancy from 2003 until 2008. In 2008 Tenant sent a letter exercising his Option to Renew, so tenancy was extended from 2008 until 2013.
1998 Lease and 2003 Renewal of Lease were signed by both parties.
In 2009 (not 2008) new Renewal of Lease was prepared and most likely signed by landlord. Landlord does not have a copy of the Renewal with one signature. Tenant never signed and/or returned this Renewal to Landlord.
On the advice of tenant’s attorney, tenant claimed first that he never received this Renewal, and then that Renewal should had been changed to fully comply with the 1998 Lease. That was never done.
In 2013 Landlord sent a letter to Tenant telling him that Landlord would not negotiate a new Lease with Tenant, and that Tenant had to vacate premises. Tenant’s attorney then sent a letter to Landlord that Tenant was exercising his Option to Renew and claims that Tenant will stay in business until 2018.
Is tenant’s attorney correct when he claims that his client unilateral Notice Exercising Option to Renew in 2013 is valid, and that he can stay in business until 2018? Can Landlord imitate eviction procedure?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend and thank you for requesting me. Looking back, I see that we had conversed in 2012. I hope that you are well.

Just to clarify - are you the tenant or the landlord here?
Customer: replied 1 year ago.

 


My question is how to interpret Notice to Exercise Option to Renew from Tenant's attorney to Landlord?


 


Tenant's option is a unilateral action, so, based on the facts I presented to you, what is your legal interpretation of the Notice sent in 2013; is it valid, or not?

Expert:  Ely replied 1 year ago.
S,

Thank you for your reply. The thing is, this can go either way. I want to form my answer so it allows you to get an idea of where you stand in your position. So I need to know whether or not you are the landlord or the tenant in this scenario?
Customer: replied 1 year ago.

 


I am asking on behalf of landlord.


 


 

Expert:  Ely replied 1 year ago.
Thank you.

Under common law, a commercial tenancy automatically renews for the number of years stated in the Renewal clause unless someone objects. This means that unless either party objected to the renewal last time, the lease auto-renewed.

Is tenant’s attorney correct when he claims that his client unilateral Notice Exercising Option to Renew in 2013 is valid, and that he can stay in business until 2018?

Correct is a strong word. It is better to state "does this make sense to argue?" The answer is yes, they can argue this, but not necessarily successfully if the landlord can show that the landlord had served the tenant with a notice that no renewal would be taking place.

So the claim by the landlord here can be that the landlord never told the tenant that they were not renewing, and as such, the tenant reasonably believed and should get the benefit of the renewed lease. But again, this is if the tenant can show that the landlord has never served the tenant with the non-renewal notice. If there is evidence of this (certified letter return), and/or emails/SMS back and forth that show that the tenant knew that the lease would not be renewing, then their claim will fail.

Can Landlord imitate eviction procedure?

Yes. But the Court would have to believe the landlord in that the landlord gave the tenant the notice that no renewal would happen. Absent any evidence, it is often very much based on which party the Judge finds more believable.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87564
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Your answer is very good.


 


Landlord asked an attorney to sent a letter to the Tenant 4 months prior to the termination of Option term in 2013, notifying Tenant that Landlord had no intention to negotiate a new lease. Letter was received by the Tenant.


 


What about Renewal of Lease agreement prepared for the Tenant in 2009, never signed by both parties, and rejected by the Tenant's attorney?



Can the Tenant somehow based the 2013 Notice of Exercising Option on that agreement?



 


 

Expert:  Ely replied 1 year ago.
Thank you for your kind words.

Landlord asked an attorney to sent a letter to the Tenant 4 months prior to the termination of Option term in 2013, notifying Tenant that Landlord had no intention to negotiate a new lease. Letter was received by the Tenant.

Then this is good for the landlord, as it shows that the tenant had received notice of non-renewal.

What about Renewal of Lease agreement prepared for the Tenant in 2009, never signed by both parties, and rejected by the Tenant's attorney?

If this was never signed by either party, then it is not binding at all and is not considered part of this matter.

Can the Tenant somehow based the 2013 Notice of Exercising Option on that agreement?

No. This would only be seen as a negotiated agreement that was never adopted and is not in affect at all.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Now I have a clear answer and will accept it.


Thank you

Expert:  Ely replied 1 year ago.
My pleasure, S. Best of luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.