Citation. 22 Ill.42 N.Y.2d 392, 397 N.Y.S.2d 958, 366 N.E.2d 1313 (1977)
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A tenant failed to invoke his option to renew by the date specified in the lease due to his own negligence.
Synopsis of Rule of Law.
Where a tenant would suffer a forfeiture, he is entitled to equitable relief where the default has not prejudiced the landlord and it is a result of an honest mistake.
Facts.
The Plaintiff, J.N.A. Realty Corp. (Plaintiff), entered into a 10-year lease with Victor Palermo and Sylvester Vascellero. The lease granted the tenants an option to renew so long as they notified the landlord within six months of the termination date. The tenants then assigned their lease to the Defendant, Cross Bay Chelsea, Inc. (Defendant). The Plaintiff authorized the assignment and modified the option to renew clause only insofar as giving tenant a right to renew the lease for a period of twenty-four years, instead of ten years. During its tenancy, the Defendant had made substantial improvements to the property. After the option to renew had lapsed, the Plaintiff informed the Defendant of this fact. The Defendant then sent the Plaintiff a letter stating its intention to renew the lease. The Plaintiff refused to honor this letter and instituted proceedings to recover possession of the property. The Defendant stated they were not aware of six-month notice provision, althoug
h the lower court found that the Defendant did have chargeable notice of the provision.
Issue.
Does a tenant, who failed to adhere to the terms of a lease due to its own mere negligence, but who will suffer forfeiture if removed from the premises, have a right to equitable relief?
Held.
Yes. Judgment reversed and remanded.
The court found that the Defendant would have suffered forfeiture since it made substantial improvements to the property.
The court also found that the Defendant’s failure to renew the lease was due to “mere forgetfulness” and was not an intentional attempt to exploit a fluctuating real estate market.
The court found that it was unclear whether the Plaintiff suffered a prejudice from the Defendant’s oversight and therefore a new trial should be granted.
Dissent.
Equitable relief is only granted in limited circumstances such as where fraud, mistake, or accident is involved, not mere negligence. The fact that tenant made substantial investment in the property is not sufficient, standing alone, to grant equitable relief.
Discussion.
The court examined leading case law in the jurisdiction, which recognizes that although an option is ineffective if not invoked within the time specified, a tenant is entitled to equitable relief when he would suffer forfeiture. The court reasoned that because the Defendant had spent a considerable amount on improvements to the property, he would suffer forfeiture. The court went on to reason that even though the Defendant failed to inform the Plaintiff of his intention to renew due to his own negligence, the Defendant’s mistake was made in good faith and his loss would be out of proportion to the gravity of his oversight.
