Tenant's Late Notice Can't Be Excused

August 31, 2008
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Facts: A shoe store tenant and an owner entered into a sublease and a prospective six-year lease for the same space that was to begin when the sublease ended. The six-year lease gave the tenant a termination option.

After unsuccessfully negotiating a base rent reduction, the tenant's agent orally notified the owner that the tenant would be exercising its right to terminate, but sent the written notice and a check for the termination fee late by the terms of termination clause.

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