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What Happened: A restaurant exercised its renewal option but furnished notice only after the option period had expired. A month later, the landlord sold the property and notified the new owner that the restaurant’s tenancy was now month to month. The tenant sent the next month’s rent check, but the new owner didn’t cash it and gave the tenant a 30-day termination notice. When the tenant didn’t vacate, the owner went to court to evict. The tenant claimed that the new owner had waived its eviction rights by accepting the rent check.
