[Originally published March 26, 2007]
Real estate law, particularly Landlord-Tenant relationships are loaded
with notice requirements. Some examples are notices to renew or extend
in a commercial lease. A simple notice clause in commercial leases is in
fact not as straightforward as it may seem.
The law distinguishes "Given or Sent" from "Delivered or Received"
“The
Agreement required that all notices be ‘given’ – not ‘delivered’ or
‘received’. The same paragraph provides that notice be ‘sent’ by
registered mail, thus equating ‘sent’ with ‘given’, and emphasizing the
lack of requirement for actual delivery. Estate of Crossman, 231 Cal.App 2d 370, 373.” Palo Alto Town & Country Village, Inc. v. BBTC Company , 11 Cal.3d 494, ¶21
The
choice of language can be determinative, for example, in the all too
common case of notice (renewal, extension, etc.) that is lost in the
mail. Under "given or sent" language and interpretation, a notice mailed
is sufficient…even if never received, which seems to contradict the
very essence of notice, and yet does give effect to the true intent of
the parties if it can be proven that notice was in facts "sent."
However, under "delivered or received" language, on the very same facts,
the party that mailed the notice that was lost in the mail will be
deemed to have not delivered notice, because notice was in fact never
received by the intended party.
These are just two wrinkles that
can arise in the relatively mundane notice clause of a commercial lease.
However, they are important because effective or ineffective notice can
drastically alter the economic relationship between the parties.
The
information contained is not legal advice and does not establish an
attorney-client relationship. Our contact information is included and we
always offer a free consultation. For more information about the LANDLORD/TENANT LAW, NOTICE REQUIREMENTS, and/or other areas of REAL ESTATE law, please visit http://www.AdishianLaw.com/, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. Copyright ALG, P.C. 2007.
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