Capriccio Restaurant, Inc. v. Poinciana Properties, Ltd.

LETTS, Judge.

Before us is the question of whether an option to renew a lease was properly exercised. The trial judge found the attempt at renewal insufficient. We disagree and reverse.

The lease in question contained an option to renew it, providing notice to do so was given “in writing by certified mail ... not less than 180 days prior to the termination of the base term.” Accordingly, on the 180th day, the tenant exercised the option in writing and by certified mail. The landlord, of course, did not receive this mailed notice until the 179th day prior to termination and he claims the moment…