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Case Notes
Early Termination Clause Can't Be Used Where All Lease Terms Are Not Met
In the case of Aircastle Advisor, LLC v. First Stamford Place SPE, LLC, DOC. NO.: CV16-6030179, Stamford/Norwalk J.D., at Stamford (9/6/17), the trial court sided with the property owner/defendant in a case in which the tenant sought to terminate the lease early as provided by the lease's terms, but could not because it was not in compliance with one of the requirements for early termination.
The plaintiff entered into a lease with a termination date of Dec. 31, 2022. However, the lease provided that the tenant could terminate the lease effective Dec. 31, 2017, upon giving sufficient notice, but only so long as the tenant remained “in occupancy of the entire premises.”
The tenant, after obtaining the landlord's consent, subsequently sublet a portion of the leased premises to another party. Later, the defendant assumed ownership of the property.
The tenant gave notice to the new landlord that it planned to terminate the lease on Dec. 31, 2017, but the landlord rejected the notice on the basis that the lessee was no longer the occupant of “the entire premises,” as the sublessee still occupied a portion of it.
The trial court looked to the language of the lessee's contract with the sublessee to determine the nature of that relationship. That sublease stated that the lessee delivered “possession” to the sublessee. As the sublessee was thus entitled to possession of a portion of the premises, it could not be said that the lessee remained “in occupancy of the entire premises.” The plaintiff's termination notice was therefore adjudged ineffective.
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