Capriccio Restaurant, Inc. v. Poinciana Properties, Ltd.
Docket: No. 85-2749
Court: District Court of Appeal of Florida; August 20, 1986; Florida; State Appellate Court
The court reversed the trial judge's finding that the tenant's attempt to renew a lease was insufficient. The lease included an option to renew, requiring the tenant to provide written notice via certified mail at least 180 days before the base term ended. The tenant mailed the renewal notice on the 180th day, but the landlord received it on the 179th day. The landlord argued that the renewal was not valid until he received the notice, which contrasts with the general legal principle that an option is exercised upon mailing, as established in *Morrison v. Thoelke*. The court noted that the lease specifically stated that the exercise of the option is completed upon certified mailing, distinguishing it from other cases like *Maloney v. Atlantique Condominium Complex, Inc.*, where the method of notice was not specified. The court found no legal barriers preventing the lease terms from allowing exercise of the option through mailing. Consequently, the tenant properly exercised the option, and the court did not need to consider issues of substantial compliance or actual notice. The case was reversed and remanded with instructions for a final judgment in favor of the tenant.