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THE LEASING HOTLINE
Contracts
A single page letter agreement does not count as an implied novation of a lease.
AutoTester leased office space from Fulcrum. Within 2 years, AutoTester had defaulted and Fulcrum terminated the lease, informing AutoTester that it was liable for all damages under the lease. AutoTester asked if it could stay on the premises until it could find new space, and the parties signed a letter allowing AutoTester to remain for $1 per day. After AutoTester vacated the premises and paid the rent it owed up to the date of termination, plus $1 per day until it moved out, Fulcrum filed suit for the remaining rent and damages ' over $2 million. AutoTester moved for summary judgment on the grounds that the letter was an implied novation; Fulcrum cross-moved for summary judgment. The trial court granted AutoTester's motion and ordered a take-nothing judgment in its favor. Fulcrum appealed.
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