The district court concluded that the parties modified, by their conduct, a notice requirement in the lease. Because the lease was unambiguous and the parties' conduct did not effectively modify the lease, we reverse and remand for entry of summary judgment for appellant. The interpretation and application of the contract language is a question of law for the court. This court need not accept the district court's legal conclusions. Ass'n v. Minnesota Pub.
Respondents concede that they mailed their notice to renew their lease by regular mail.
We conclude this was contrary to the clear and unambiguous language of the lease requiring certified mail. To conclude otherwise would require this court to redraft several lease terms and would make enforceable contract terms to which appellant never agreed, either orally or in writing. The parties' past conduct of sending monthly statements and rents by regular mail has no bearing on the formality required to exercise a lease renewal option. The need for certainty and definiteness in the delivery and acceptance of such a notice is commensurate with the legal consequences of the notice. Consequently, on the parties' cross-motions for summary judgment, appellant was entitled to judgment as a matter of law.