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?