Jeffrey Kavin, Inc. v. Frye

In Jeffrey Kavin, Inc. v. Frye (2012) 204 Cal.App.4th 35, four tenants leased a store pursuant to a three-year sublease that had an option to extend the lease term. (Id., at p. 38.) After the lease expired, one of the tenants held over and gave notice that she was exercising the option to extend the lease term. (Id., at p. 39.) The Court of Appeal concluded that payment of rent by the holdover tenant did not render the three other tenants liable based on the theory that the option was exercised by the holdover tenant's conduct. (Id., at pp. 49-50.) "The lease provided that lessees must provide written notice of the exercise of the option to extend the lease, and as stated ante, lessors did not waive that requirement." (Id., at p. 50.)