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How renewal notice windows work, and why they're easy to miss

A renewal option usually has a window, not a deadline: a first day and a last day, a delivery method, and sometimes no grace period.

A renewal option is one of the most valuable rights in a lease, and one of the easiest to lose track of. The details are in the lease's own words, so the first step is always to read the clause itself. Here's what to look for when you do.

The window

Many leases set both ends: notice must be given "not less than nine months nor more than twelve months" before expiration. Notice sent too early can be as much of a problem as notice sent too late, depending on how the lease is written.

The delivery method

The notices section usually says how notice must be sent: certified mail, overnight courier, hand delivery, sometimes with a copy to the landlord's attorney. It also says where. Addresses change over a long term, so it's worth confirming the current notice address well before the window opens.

Time is of the essence

Some clauses say time is of the essence for the option. When a lease uses that phrase, the date in it is meant strictly.

Conditions

Options often depend on conditions, such as the tenant not being in default or still operating in the premises. The clause lists them.

Where NoticeDay fits

NoticeDay records the window, the delivery method and any conditions exactly as the lease states them, with the section and page. It sends reminders before the window opens and before it closes, and lets your team mark it handled once notice goes out, with the receipt attached.

NoticeDay doesn't tell you whether to renew or how to word a notice. For that, talk to your attorney.

This article is general information about how commercial leases are often written. It isn't legal advice. Every lease is different, so read your own lease and talk to your attorney about your situation.

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