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Goldman v. Vinson

Because the landlord expressly agreed to lease the property to the tenant under the terms set forth in the sublease, the tenant had the option of renewing the lease according to clear terms of sublease.

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Marshall Goldman filed a declaratory judgment action to determine whether his tenant, Robert Vinson, had the right to renew a real estate lease agreement and, if so, whether Vinson complied with the contract’s requirements for exercising the renewal option. The trial court found that Vinson did have the right to renew and that he exercised that option in accordance with the terms of their agreement. Goldman appeals from that judgment. We affirm.

The relevant, undisputed facts are as follows: Goldman owns a parcel of real estate which he leased to Green Bros. Nursery, Inc., in August 1984 for a 25-year term. On July 15, 1987, Green Bros. entered into a sublease with Vinson in which Vinson would lease a small strip of the property through August 31, 1999. The Green Bros./Vinson sublease provided that Vinson had the right to renew the sublease for three further five-year periods by sending notice of his intent to renew to Green Bros. via certified mail within 120 days of the lease termination date. On July 21, 1987, Vinson entered into an agreement with an advertising company to rent the strip to the advertising company for use as a billboard location.

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