Steven D. and Teresa M. Kucera - Page 13




                                        - 12 -                                        
          Landlord and Tenant, sec. 141 (1995).  It appears that Nebraska             
          recognizes such a distinction.  In Mauzy v. Elliott, 22 N.W.2d              
          142, 147 (Neb. 1946), the Supreme Court of Nebraska quoting 35              
          C.J., Landlord and Tenant, sec. 178 at 1037, stated that “each              
          renewed lease is a new lease, and the taking of it operates as a            
          surrender of the old one.”  The court further noted that the                
          original lease could be considered to be continued only for the             
          protection of certain “legal interests carved out of it, which,             
          once created, the law will not permit to be destroyed”.  Id.; see           
          also Bishop Cafeteria Co. v. Ford, 129 N.W.2d 581, 588-589 (Neb.            
          1964).                                                                      
               The use of the words “renewal” or “extension” in a lease,              
          however, may not be conclusive as to whether a lease grants a               
          covenant to renew or an agreement to extend.  See 51C C.J.S.,               
          Landlord and Tenant, sec. 54b at 165 (1968); 49 Am.Jur.2d,                  
          Landlord and Tenant, sec. 143 (1995).  Instead, the terms of the            
          lease and the parties’ conduct may indicate that the parties                
          intended to continue for a subsequent term under the original               
          lease.  See 51C C.J.S., Landlord and Tenant, sec. 54b at 165                
          (1968); 49 Am.Jur.2d, Landlord and Tenant, sec. 143 (1995).                 
               With respect to the 1986 lease agreement between the PC and            
          the 1203 Partnership, the automatic nature of the renewal                   
          provision suggests that the parties intended that the lease be              
          extended rather than renewed in subsequent years.  The fact that            






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011