Details. They matter in life, law, and leases. One of the most overlooked details is a lease’s notices provision.
What Is a Notices Provision?
Simply put, a notices provision specifies the sole and exclusive means and manner by which the parties to a lease must communicate any lease-related information, such as any proposed amendments, extensions, and terminations of the lease.
What Does a Notices Provision Look Like?
A notice provision will often look something like this:
Unless specifically stated otherwise in this Lease, all notices, waivers, and demands required or permitted hereunder shall be in writing and delivered to the addresses set forth below, by one of the following methods: (a) hand delivery, whereby delivery is deemed to have occurred at the time of delivery; (b) a recognized overnight courier company, whereby delivery is deemed to have occurred the Business Day following deposit with the courier; (c) registered United States mail, signature required and postage-prepaid, whereby delivery is deemed to have occurred on the third Business Day following deposit with the United States Postal Service; or (d) electronic transmission (facsimile or email) provided that the transmission is completed no later than 4:00 p.m. [TIME ZONE] on a Business Day and the original also is sent via overnight courier or United States Mail, whereby delivery is deemed to have occurred at the end of the Business Day on which electronic transmission is completed.
What Is So Critical About Following a Notices Provision Perfectly?
While perfection in life is generally unattainable, it is critical that the signatories to a lease follow a lease’s notices provision perfectly. Not doing so could mean that a purported notice (say a notice to extend or terminate a lease) is legally inoperative—that is, the purported notice could be treated as if it were never given! And that, as you can imagine, would not be a good thing.
What to Do If Your Notice Was Defective?
But suppose you discover that a notice you provided was defective. What should you do? First, stay calm. Second, you should immediately draft and dispatch a new notice that conforms 100% with the technical requirement of the lease’s notices provision. In doing so, you should double—if not triple—check that your notice conforms with the notices provision to a “t.”
For more information about complying with a lease’s notices provision and leases in general, contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
