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question

A landlord rented an apartment to a tenant for $250 per month in accordance with a month-to-month agreement. On September 3, the landlord mailed the following letter to the tenant:"September 2 In consideration of one dollar, receipt of which is acknowledged, I hereby give you an option for 20 days from the above date to sign a two-year lease at $225 per month, provided you pay two months' rent in advance. "The tenant received the letter on September 4, but did not read it until September 5. On September 23, the tenant telephoned the landlord and said, "I want to give you the $450 and sign the two-year lease as soon as possible. " The landlord replied, "I've change my mind. I do not want to sign a lease with you. Moreover, I want you to vacate the apartment immediately. " At no time after receiving the landlord's letter on September 4 did the tenant pay him the one-dollar consideration. Did the landlord's letter constitute an effective offer for a two-year lease?
Plain-text mathematical notation (without MathML)
A landlord rented an apartment to a tenant for $250 per month in accordance with a month-to-month agreement. On September 3, the landlord mailed the following letter to the tenant:"September 2 In consideration of one dollar, receipt of which is acknowledged, I hereby give you an option for 20 days from the above date to sign a two-year lease at $225 per month, provided you pay two months' rent in advance. "The tenant received the letter on September 4, but did not read it until September 5. On September 23, the tenant telephoned the landlord and said, "I want to give you the $450 and sign the two-year lease as soon as possible. " The landlord replied, "I've change my mind. I do not want to sign a lease with you. Moreover, I want you to vacate the apartment immediately. " At no time after receiving the landlord's letter on September 4 did the tenant pay him the one-dollar consideration. Did the landlord's letter constitute an effective offer for a two-year lease?
Original LaTeX notation
A landlord rented an apartment to a tenant for $250 per month in accordance with a month-to-month agreement. On September 3, the landlord mailed the following letter to the tenant:"September 2 In consideration of one dollar, receipt of which is acknowledged, I hereby give you an option for 20 days from the above date to sign a two-year lease at $225 per month, provided you pay two months' rent in advance. "The tenant received the letter on September 4, but did not read it until September 5. On September 23, the tenant telephoned the landlord and said, "I want to give you the $450 and sign the two-year lease as soon as possible. " The landlord replied, "I've change my mind. I do not want to sign a lease with you. Moreover, I want you to vacate the apartment immediately. " At no time after receiving the landlord's letter on September 4 did the tenant pay him the one-dollar consideration. Did the landlord's letter constitute an effective offer for a two-year lease?

choices

  1. Yes, because it manifested a willingness to enter into a specific bargain that could be concluded by the tenant's assent.
  2. Yes, because consideration for the option can be infeffed from the previous month-to-month lease.
  3. No, unless the tenant paid or tendered to the landlord the one-dollar consideration.
  4. No, because it contained a condition precedent to execution of the proposed lease.

subject

professional_law

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