SOUTHPARK MALL LIMITED PARTNERSHIP, Plaintiff, v. CLT FOOD MANAGEMENT, INC., and FLAMER'S OF SOUTHPARK, INC. Defendants., 142 N.C. App. 675

Summary

Lessee leased space in the food court of a mall from the landlord's predecessor-in-interest. The lessee subleased the space to sublessee. The lease required any late payment to be paid within five days of notice by the landlord. Sublessee failed to make a rent payment when due. Landlord mailed notice of the default to sublessee. Sublessee failed to pay the rent within five days of the notice sent by landlord. Landlord terminated the lease. Sublessee refused to vacate the space and became a holdover tenant. The trial court concluded that sublessee defaulted under the lease, and that it failed to cure its default as required by the lease. Defendants argued that the phrase five days after notice contained in the lease was ambiguous, and should have been construed as business days, and that sublessee's late payment timely cured the default within five business days. The appellate court found the lease unambiguously required defendants to cure the default within five calendar days of the ...