Legal Question in Real Estate Law in California

Re: Clear Channel... lease agreement

I would strongly recommend having a local lawyer with business-contract experience read the lease. Although this is technically a real-estate lease and a real-estate lawyer would also be a good choice, it has many business-law aspects. Getting advice from someone who can actually read the agreement would be advisable.

Failing that, or as a guide to what questions your lawyer should be addressing and answering, consider the following list--

(1) By far the most important point is not to miss the deadline for giving your notice of non-renewal.

(2) Be sure to look in the Agreement and any amendments to it for the name and address of the person(s) to whom notices are to be sent at the lessee firm, and how they must be sent. Follow the instructions for giving notice carefully.

(3) Whatever words you use to express your intention to cancel are probably not critical. The important thing is that your intention to cancel be clear, unequivocal, timely and sent to the right person(s) at the right address by the approved or specified means of giving notice (if any).

(4) Be sure your notice makes it very clear which contract is being canceled by giving the lease number, address, and any other identifying information.

(5) Identify yourself as the successor owner of the property. Presumably, they already know who you are, if they've been sending you rent checks every month, but who knows? It may be two different departments.

(6) Keep a copy of what you send.

(7) Whatever method of giving notice is specified, at least one copy of your notice should be sent by a means that gives you a receipt for sending, tracking capability, and proof of delivery. Certified mail, return receipt requested is one of these. I would tend to avoid "restricted delivery" options, however, because a particular individual might not be there to sign for it.

(8) Try to get some kind of human acknowledgment that your notice was received and will be acted upon. Maybe phone a few days after they should have received your notice, but well before the deadlime. Keep notes on whom you spoke with and what he or she said.

(9) I am tempted to say record a copy of your cancellation notice with the county recorder. This may be overkill, and you would have to include your parcel number and have your signature notarized, but I think a notice of non-renewal of a long-term lease is a recordable document and would be "notice to the world" if you think extreme measures are needed.