My father has a lease which states that its for 3 years with an option to renew for 5 years. My father did not renew the lease right away and was month to month for about three months. Now my father wants to extend the lease for the 5 years stated in the lease and the landlord said that he cant and the lanlord's attorney sent us a notice to quit. The landlord is trying to kick out my father. What legal options do we have? Can we get an injunction agaist the landlord?

Thank you very much for any advice.

You can try and argue substantial compliance with the lease terms and estopple type arguments stating that it would be inequitable for the lease to run without allowing for the option to renew to take effect. But, the problem is if that there really is a time line to exerceise the option and it was missed, you simply might be out of luck. But, always worth a try...

adivi,

Does the lease speak as to renewal deadline? If not then a reasonable amount of time, such as 30 days may be imputed. In your case, months went by without renewal. So, I agree with onthego; you can litigate or find compable alternative space to lease.

Have you hired an attorney? What state?

Yeah, if its stated in the lease that hte renewal needs to be exercised by a certain date, than you are going to have a hard time gettting around that; if its not stated, then you impute a reasonable time to renew.

The lease doesn't say when the option must be exercised. Only that there was a 5 ur option. My dad didn't sign a new lease but in the rent checks he said "please send a new lease".

Is that sufficient enough to exercise his option?

My dad's business is in NJ.

Thx all!

not to be simple about this, but wouldn't just be easier to move to a nearby location. I mean if the landlord does not want you there, he is just going to give you a hard time, right? I think it would be easier to move to a nearby location and post a sign with the new address.