Question
Angelo was the owner of a pizza business, Angelo's Pizza Place.Angelo wanted to open a second location so he entered into a five-year lease agreement
Angelo was the owner of a pizza business, Angelo's Pizza Place.Angelo wanted to open a second location so he entered into a five-year lease agreement with Larry Landlord to open Angelo's Pizza Palace II.The lease was signed by both parties onMarch 30, 2016.The lease provided for a monthly rental of $2,000 per month.The lease contained an option to extend the lease for a further term of five years, provided that the tenant gave notice in writing of his intent to extend the lease at least 90 days prior to the end of the term.The option to extend provided "in the event that this lease is extended, the monthly rent shall be mutually agreed upon by both parties".
Angelo's business was quite profitable so in October 2020 he sent a notice to Larry Landlord that he intended to exercise his option to extend the lease.Larry sent a written notice to Angelo saying that the monthly rental during the option period would be $4,000.Angelo called Larry and said that the new rental was outrageously high.The rent should not be more than $3,000.Larry replied that he had other tenants for the space if Angelo didn't like the rent proposed.
On April 1, 2021,Angelo sent a check to Larry for $3000.Larry did not cash the check.He started immediate eviction proceedings in the Housing Court against Angelo.Angelo defends his position saying that he had contract for that space under his option.Angelo asked the court for an order allowing him to stay in that space.
Who wins and why?
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