[WSBARP] Commercial Lease Termination Provision Requires Fax/Certified Mail But Notice Instead Sent Via Email - Effective?

[Rob Rowley]

Assume commercial lease between sophisticated parties.  Lease contains a
provision which allows for early termination, but notice of termination
must be contractually delivered either by physical service,
certified/registered mail or by facsimile to Landlord.  Tenant opts to
exercise right to early termination and tenders perfect notice of
termination, except notice was timely sent by email.  Landlord takes
position improper termination of notice solely because of the email
delivery versus mail or facsimile. No other defects with notice.



I have been on both sides of this issue before.  We always end up working
it out.



Thoughts?





*Robert R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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