Buckley Brothers Motors, Inc. v. Gran Prix Imports, Inc
In Buckley Brothers Motors, Inc. v. Gran Prix Imports, Inc., 633 P.2d 1081 (Colo. 1981), the lease to Grand Prix was for a primary term of three years with options to renew for two successive terms of two and five years.
The lease required ninety days notice. After the primary term, Grand Prix failed to give notice as required by the lease but remained in possession of the property for the length of the two-year term. Buckley Bros. Motors, Inc., 633 P.2d at 1082.
At the conclusion of this time period, Grand Prix again failed to give notice, and Buckley notified Grand Prix that the lease would be terminated.
The court held "The lessors were under no duty to remind the lessee of its obligations under the lease, and the lessors' conduct does not excuse strict compliance with the written notice requirement." Id. at 1084.