Rushing Construction Co. v. MCM Ventures, II, Inc.

PHILLIPS, Judge.

This appeal turns upon whether defendant’s exercise of its option to renew the lease was timely. In our opinion the option was not timely exercised and the judgment appealed from is affirmed.

The following legal principles apply: Nothing else appearing, the general rule is that a lessee must exercise an option to renew its lease at or before the original term expires. 50 Am. Jur. 2d Landlord and Tenant Sec. 1182 (1970); Annotation, What Constitutes Timely Notice of Exercise of Option to Renew or Extend Lease, 29 A.L.R.4th 956 (1984). When the rental for the option renewal…