Host International, Inc. v. Summa Corp.

OPINION

This appeal is from a judgment which denied injunctive and declaratory relief to compel respondent to renew a lease of gift shop space at the Desert Inn Hotel in Las Vegas. The initial lease for a term of 5 years, commencing June 1, 1972, and ending May 31, 1977, required the renewal option to be exercised in writing 90 days prior to expiration of the original term, i.e., no later than March 2, 1977. Written notice was not tendered until April 13, 1977.

The general rule, acknowledged by both parties, is that “[t]he right to renew is lost if notice is not given as required by the lease.”…