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

The Commercial Lease specifically provided that Ryder had ninety days prior to the expiration of the lease to give written notice to Dyer of Ryder's intent to exercise the option to renew. The unambiguous Options to Renew section of the Commercial Lease will be enforced in accordance with its terms. C.R. Anthony, 54 F.3d at 518. Ryder requested and Dyer accepted an extension to the notice provision of the Options to Renew section of the Commercial Lease. On the last day of the extension date, April 30, 1998, Ryder requested once again that Dyer extend the notice provision. However, Dyer never responded in writing to Ryder's second request. On or about May 5, 1998, Counsel for Ryder received a telephone call informing him that Dyer was not renewing the Commercial Lease. On or about May 13, 1998, Counsel for Ryder sent written notice to Dyer that Ryder was exercising his option to renew. Ryder exercised his option thirteen days beyond the agreed upon time period in the first written extension to the notice provision. In the interim, Ryder tendered and Dyer accepted the July 1998 payment for the new renewal period. The pivotal issue becomes whether or not Dyer waived the notice provision of the Commercial Lease by accepting the July 1998 rental payment.