HERMAN LEIBOWITZ AND HIS WIFE, GUSSLE LEIBOWITZ, APPELLANTS,
v.
JOHN CHRISTO, APPELLEE

Fla. | 1954-11-12
ROBERTS, C. J., and THOMAS and HOBSON, JJ., concur.
75 So. 2d 692 Florida Supreme Court (1954) Caution
Cited by 16 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In a dispute over a commercial lease renewal provision, the Florida Supreme Court affirmed that a lessee's right to "additional annual renewals" for 15 years operated as a present demise and did not require execution of a new lease document, rejecting the lessors' argument that renewal language mandates a new written lease.


Holding

The court held that the lease language providing for "additional annual renewals" for 15 years plainly operated as a present demise and did not require execution of a new lease where the lessee otherwise complied with the lease requirements. The distinction between "renewal" and "extension" language is too refined and theoretical to mandate a new lease.


Key Quotes

“the lease provided for additional renewals from year to year for fifteen years following the expiration of the basic ten year term. It is our view that the pertinent language in the lease plainly supports the findings of the Chancellor below in this respect. We think the language of the lease is clear and for that reason there is nothing to construe.”

The court's primary holding that the lease language clearly provided for 15-year renewals without requiring new lease execution

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Leibowitz owned a business building in Gainesville that was leased to an original tenant. The lease contained a renewal provision in paragraph 14 usin…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
DREW, Justice.

DREW, Justice.

This is an appeal from a (final decree in appellee’s suit for -declaratory decree determining the rights' of the parties under a lease on a business building located in the City of Gainesville. Appellants are lessors and appellee is successor to the original lessee. The lower court decreed that paragraph 14 of the lease, around which the principal controversy revolved, provided for extensions or renewals under the terms and covenants stated in the lease, at the option of the lessee, for an additional period of fifteen years beyond the original ten year term, instead of for a period of only five years as contended by the appellant.

We hold that the lower court correctly determined that the lease provided for additional renewals from year to year for fifteen years following the expiration of the basic ten year term. It is our view that the pertinent language in the lease plainly supports the findings of the Chancellor below in this respect. We think the language of the lease is clear and for that reason there is nothing to construe.

The provision of the léase providing for renewals uses the language “additional annual renewals.” It is admitted in the record that the present lessee, appellee, is in possession of the premises and claims under the original lease after the expiration of the basic term of ten years and that no new lease has ever been entered into. It is the contention of the lessors, appellants, that even though appellee may have given proper notice of intention to renew as required by the lease, he has no rights thereunder because no new lease was executed. Thus the question is presented whether when one exercises a right of renewal under a lease it is necessary that a new lease be executed.

There are no decisions in this State on this subject. An investigation of the authorities in other jurisdictions reveals a sharp conflict. Some courts draw-a distinction between a covenant for extension of a lease and a covenant for renewal of a lease, saying that the former is a present demise of an estate but that the latter is not. In those jurisdictions making this distinction, however, all agree that where there is a covenant to extend the lease, no new lease is required; but where there is a covenant to renew the lease, the authorities differ, some holding that a covenant for renewal requires the execution of a new lease while others hold that a covenant for renewal operates as a present demise to take effect in the future so that execution of a new lease is not necessary. See 35 C.J. 1025, Section 159; 51 C.J.S., Landlord and Tenant, §§ 54(b), 69, pp. 593, 617.

The New York Court of Appeals in the case of Orr v. Doubleday, Page & Co., 223 N.Y. 334, 119 N.E. 552, 554, 1 A.L.R. 338, 342, held that the distinction between the meaning of words renewal and extension and words of similar import when used in leases was “too re/fined and theoretical to be real, as a matter of law, in practical affairs.” With this conclusion we concur. We hold that the use of the word renewal in the lease in the instant case instead of the word extension or extend or similar words' did not make mandatory the execution of a new lease where the lease did not so-provide and the lessee otherwise complied with the requirements necessary to exercise his option for a further term.

The decree of the lower court is hereby affirmed.

ROBERTS, C. J., and THOMAS and HOBSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Sisco v. Rotenberg, 104 So. 2d 365 (Fla. 1958)
    …we are in accord with the plaintiff in this case that if any distinction may have been made in any other court as to “renewal” or “extension” of a lease, this Court will not consider such distinction. As we agreed in Leibowitz v. Christo, Fla.1954, 75 So. 2d 692, the distinction between the meaning of those two words when used in leases is too refined and theoretical to be real, as a matter of law, in practical affairs. Further, we have noticed in our research on this case that courts frequently speak of th…
  • Kornblum v. Henry E. Mangels Co., 167 So. 2d 16 (Fla. 3d DCA 1964)
    …s exercised by the assignee. It is generally ] understood that the exercise of' an option' for an extended period under a lease is not a new lease but is an extension of the lease in which the option is contained. See Leibowitz v. Christo, Fla.1954, 75 So. 2d 692; Crossman v. Fontainebleau Hotel Corp., 273 F. 2d 720 (5th Cir.1959). We do not think that the effect of this rule is avoided by the fact that the option was exercised by the assignee because the assignee was the owner of all of the rights of the le…
  • The Bartke's, Inc. v. Hillsborough Cnty. Aviation Auth., 217 So. 2d 885 (Fla. 2d DCA 1969)
    …the terms were left open to agreement, and the substance, not the style, of a document determines its nature. See National City Truck Rental Co. v. Southern Mill Creek Products Co., Inc., Fla.App.1968, 213 So. 2d 261. Leibowitz v. Christo, Fla.1954, 75 So. 2d 692, and Kornblum v. Henry E. Mangels Co., Fla.App.1964, 167 So. 2d 16, 10 A.L.R.3d 812, relied on by appellee, were simple renewals which rest on nothing more than options contained in the original leases. Here the parties were not bound to renew, and…

Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw