190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- Citation
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- Parent Document
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- Jurisdiction
- New Hampshire (state)
- Effective Date
- 2004-06-30
Other Sections in This Document (14)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- 190 Elm Street Realty, LLC v. Beaudoin, 151 N.H. 205 (2004)
- Section three
- Section three
- Section three
Full Text
853 charsA majority of courts that have considered this issue have held that the “statute of frauds does not apply to an extension of a lease, as this is a continuation of the previously existing lease.” 49 AM. JUR. 2d Landlord and Tenant § 142 (1995); see also Signal Management Corp. v. Lamb, 541 N.W.2d 449, 454 (N.D. 1995); Ripani v. Liberty Loan Corp. of Carmichael, 157 Cal. Rptr. 272, 276 (Ct. App. 1979); Daehler v. Oggoian, 390 N.E.2d 417, 424 (Ill. App. Ct. 1979). “An option contained in a lease is itself a contract, distinct from the lease to which the option relates.” Ripani, 157 Cal. Rptr. at 276. Accordingly, when the original lease with the option to renew is in writing and properly executed, the exercise of the option to extend the lease “does not violate the statute of frauds because the original written lease satisfies the statute.” Id.