The applicant tenants sought a declaration that their commercial lease was renewed or, alternatively, relief from forfeiture after missing the deadline to provide written notice of renewal.
The respondent landlords argued the renewal option had expired.
The court found that the landlords had repeatedly misstated the lease term, leading the tenants to believe they were in the fourth year rather than the fifth.
While the landlords did not waive the notice requirement, the court granted relief from forfeiture because the tenants made diligent efforts to renew and their failure to provide timely notice was caused by the landlords' misstatements.
