Don't Overuse 'Written' Notice

May 31, 2005

If your lease's notice clause says that all notices must be in writing, don't say “written” notice or notice “in writing” anywhere else in the lease, advises Washington, D.C., attorney Desmond D. Connall Jr. It's not only unnecessary to add those words each time the word “notice” appears outside of the notice clause, but adding them increases the risk that you'll make a drafting error.

If your lease's notice clause says that all notices must be in writing, don't say “written” notice or notice “in writing” anywhere else in the lease, advises Washington, D.C., attorney Desmond D. Connall Jr. It's not only unnecessary to add those words each time the word “notice” appears outside of the notice clause, but adding them increases the risk that you'll make a drafting error.

Here's how: Suppose seven clauses scattered throughout your lease mention a notice requirement. You add the word written in six of the clauses. But since the lease has many pages, you inadvertently miss the seventh reference. The tenant could now claim that oral notice is permitted for the seventh notice requirement because the word “written” is absent, Connall warns. Then you'll have to convince the tenant, and maybe a court, that you meant to add the word “written” there, too.

CLLI Sources

Desmond D. Connell Jr: Member, Womble Carlyle Sandridge & Rice, 1401 Eye St. NW, Ste. 700, Washington, DC 20005; (202) 857-4403; DConnall@wcsr.com

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