Osprey L.L.C. v. Kelly-Moore Paint Co. - 1999 OK 50, 984 P.2d 194, 984 P.2d 194

Rule:

The purpose of providing notice by personal delivery or registered mail is to insure the delivery of the notice, and to settle any dispute which might arise between the parties concerning whether the notice was received. A substituted method of notice which performs the same function and serves the same purpose as an authorized method of notice is not defective.

Facts:

Plaintiff Osprey, L.L.C. leased commercial premises to defendant Kelly-Moore Paint Co. Inc. The lease required that defendant provide notice of its intent to renew the lease at least six months prior to lease's expiration, and notice was to be given in writing and delivered personally or through registered first-class mail. Defendant attempted to extend the lease by faxing a renewal letter on the last day of the six-month notification period. Although fax record and telephone records confirmed fax was transmitted, plaintiff denied receiving the fax. Plaintiff refused to renew lease and demanded that defendant vacate the premises at end of current lease term. Defendant refused to vacate the premises. Plaintiff filed an action for forcible entry and detainer. The trial court found that the faxed notice effectively renewed the lease, and the appeals court reversed. Certiorari was granted. 

Issue:

Did the faxed notice effectively renew the lease? 

Answer:

Yes.

Conclusion:

The Supreme Court reversed the decision of the appeals court, holding that the fax transmission of defendant's intent to renew the lease constituted a timely exercise of defendant's right to renew the lease. According to the Court, the fax effectively renewed the lease because the notice was in writing as mandated by the lease, and the fax transmission served the same purpose of the authorized methods of delivery: to insure the notice was delivered and received.