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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Dyer v. Ryder Student Transportation Services, C.A. 98-4489 (1999) (1999)

Citation
Dyer v. Ryder Student Transportation Services, C.A. 98-4489 (1999) (1999)
Parent Document
Dyer v. Ryder Student Transportation Services, C.A. 98-4489 (1999) (1999)
Jurisdiction
Rhode Island (state)
Effective Date
1999-06-07

Full Text

867 chars
If notice by a tenant is not given to a landlord in accordance with the terms of the lease, the right to renew has been lost or has lapsed, unless evidence is presented that a landlord waived the notice provisions. C.R. Anthony Co. v.Wal-Mart Properties, Inc., 54 F.3d 515, 518 (8th Cir. 1995);Wachovia, 293 S.E.2d at 754; Abou-Sakher v. Humphreys County,955 S.W.2d 65, 68 (Tenn. App. 1997). "The rationale for this rule is the principle that `time is of the essence of an option, and that the giving of notice, as stipulated, is a condition precedent to the vesting of the renewal right.'" Wachovia, 293 S.E.2d at 755 n.6 (citations omitted). As such, "`a privilege of renewal upon written notice given at a certain time prior to the expiration of the lease is held to be an obligation of which time is of the essence, is valid, and must be strictly construed.'" Id.