Renewal Options and Lapse of Notice

More often than not, commercial lease renewals are reliant on clerical diligence by the tenant. Option notices are commonly required to be delivered in specific formats within designated time periods. Attention to long-term detail is critical, for a failure by a tenant to properly and timely exercise its renewal option may be beneficial to the landlord and catastrophic for the tenant. However, a failure by the tenant to timely deliver valid notice does not always leave the tenant without options. In some jurisdictions, judicial equitable relief may be available to validate the renewal notwithstanding the failure to notify in accordance with the lease.