Lexis Nexis - Case Brief

Not a Lexis Advance subscriber? Try it out for free.

Law School Case Brief

Cassinari v. Mapes - 91 Nev. 778, 542 P.2d 1069 (1975)

Rule:

A covenant to extend a lease upon such terms as may be agreed upon is a nullity and unenforceable since all the terms of the extension are left for future agreement.

Facts:

The lessee sought a declaration regarding the status of his lease, an injunction against the lessors' interference, and damages for breach of the covenant of quiet enjoyment. The lease gave the lessee exclusive right to renew for an additional five year and before the expiration of the original term of the lease, the President of the United States issued an executive order prohibiting the raising of rents. The district court ruled that the option to extend the term of a lease was too vague to be enforced, denied injunctive release to the lessee, and gave restitution of the premises to respondent lessors. The lessee appealed.

Issue:

Is there a clear provision in the lease agreement that provides for the extension of lease?

Answer:

Yes.

Conclusion:

The appellate court held that the renewal clause constituted part of the consideration for the original lease and was intended by the parties to be effective. It stated that reasonable rent could be implied. However, in this case, the injunctive relief and specific enforcement of the renewal covenant were no longer viable issues as the lessee surrendered the premises in compliance with the district court order and the building was demolished. The court remanded for the determination of damages.

Access the full text case Not a Lexis Advance subscriber? Try it out for free.
Be Sure You're Prepared for Class