Legal Question in Business Law in California

In a lease agreement that does not outline the means of renewal of option (except to say 6 months prior) does a verbal notification fulfil the requirement to accept the option years?


Asked on 11/28/12, 7:38 pm

3 Answers from Attorneys

Most likely not. If the renewal is for more than a year, there is authority that it must be in writing, just as an original lease for more than a year must be in writing.

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Answered on 11/28/12, 9:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

See California's Statute of Frauds, Civil Code section 1624, especially subsection (a)(3).

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Answered on 11/29/12, 8:20 am
Charles Perry Law Offices of Charles R. Perry

In theory, yes. See Ripani v. Liberty Loan Corp. (1979) 95 Cal.App.3d 603. However, almost all leases have a separate provision that explains how any notice under the lease is to be provided. This provision usually requires written notice, and gives a contact address. In addition, this provision also covers how notice is to be given for the exercise of the option.

A landlord can waive the specifics of the notice provision and accept an oral exercise of an option, if he so chooses. If your landlord is being difficult, I would purchase a half-hour of a lawyer's time to review the lease and discuss the facts in your situation.

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Answered on 12/01/12, 2:19 am


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