Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)

Citation: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Parent Document: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Jurisdiction: Rhode Island (state)
Effective Date: 1998-03-30
Original Source: https://www.courtlistener.com/opinion/4113657/apple-valley-mall-v-floyd-realt... ↗

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Paragraph 28.1 of the lease expressly provides for how and to whom notice service shall be made by the parties. However, the record indicates that the plaintiff mailed billing statements, and two notices of nonpayment in October 1996 and November 1996, addressed in a manner other than that stated in the March 26, 1996 letter. The record is absent of any indication that defendant notified plaintiff of the error or objected to this service as a breach of Paragraph 28.1 of the lease prior to February 1997. Therefore, this Court finds that the defendant waived its rights to enforce retrospectively the specific service requirements of the lease and that the plaintiff provided effective service of the notice of nonpayment. Alternatively, this Court finds that the plaintiff did not properly serve the notice of termination to the defendant pursuant to the lease. In the February 4, 1997 letter from Hernon to Simmons the defendant provided the plaintiff with written notice stating the names, titles, and addresses of the persons the plaintiff was to serve notice. Defendant's Exhibit CC. However, the plaintiff served the notice to terminate upon the general name and address of the defendant. Joint Exhibit I.

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