Real property lease included an option for lessee to renew, which required lessee’s notice of intent to renew six months before the lease terms’ expiration. After the lease’s expiration, lessee continued to pay, and lessor to accept, rents before lessor filed an action for unlawful detainer. “By remaining in possession and paying rent after the expiration of the lease, the lessee elects to exercise the option [while, s]imply by accepting rent, the lessor waives the written notice requirement” for the entire term even if the amount does not cover the entire term. Evidence that lessee did not provide the required notice, and lessor’s statement to lessee about that fact, are therefore irrelevant. An appellate court need not review multifarious points relied on. Circuit court’s judgment for lessee affirmed.
Eighty Hundred Clayton Corp., Respondent, vs. Lake Forest Development Corp., Appellant.
(Overview Summary)
Missouri Court of Appeals, Eastern District – ED110390
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