[WSBARP] Lease Term Auto Renewal

[Marcus Fry]

Not that I am aware of any case that disfavors such a provision.  Tell him to try to find another tenant.  Additionally, if he breaches, LL has to mitigate their damages (I recognize not a great option the majority of the time).

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ron Housh
Sent: Thursday, March 12, 2015 10:52 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Lease Term Auto Renewal

Client calls and says he "overlooked" a provision in an office lease that stated that the lease term automatically renews/extends for X years unless the lessee gives not less than 90 days written notice of an intent to NOT renew/extend.

Client missed the deadline by days in giving notice of an intent to not renew/extend.

Lessor is being "difficult" stating an intent to consider the lease term renewed/extended.

While the lessee indicated he may try to negotiate his way out of the renewal/extension, his question to me is whether there is any case law indicating that the Courts view these auto-renewal provisions with disfavor.  I have not found any yet - but wondering if anyone has dealt with this issue?  Thanks!

Ron


I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY

Ronald G. Housh, P.S.
Attorney at Law

Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone:   206-381-1341
Fax:        206-464-0461
Email:    ron at housh.org<mailto:ron at housh.org>

Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone:  206-235-2459
Email:   ron at housh.org<mailto:ron at housh.org>






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