Q: Does a commercial lease agreement & term truly end if the landlord does not extend the lease term of a tenant?
Id like to know:
1) Does a commercial lease agreement & term truly expire to allow the landlord to take complete repossession of a leased space at the end of the lease term even though the tenant would like to stay as tenant for a longer period, the tenant does not have a option to renew or extend the lease agreement & term and the landlord does not want that tenant to remain as tenant because he seeks to lease the space to another new tenant?
2) Can the tenant force the landlord to allow the tenant to remain as tenant for a longer period after the lease agreement & term ends, if so in what manner can they do so?
3) Can the tenant force the landlord to allow the tenant to remain as tenant for a longer period after the lease agreement & term ends by not leaving the leased premise and attempting to pay the landlord rent and if so is this a ineffective measure for the tenant to pursue as long as the landlord does not accept and cash the rent payment?
Thanks
A:
1) If the lease does not give the tenant some mechanism for extending the lease term such as an additional term, option to renew, etc., once the lease expires, the tenant no longer has a right to occupy the premises. The landlord is not permitted to perform a 'self help' eviction however and if the tenant will not vacate the premises the landlord is required to resort to a court action to have the tenant removed and follow all requirements of the lease and applicable law in doing so.
2) The tenant can unlawfully remain in the premises after the lease term ends.
3) See response to #2 above. The landlord is permitted to accept payments from the tenant and pursue eviction at the same time so long as the landlord accepts any payments for use and occupancy only and not as an extension of the lease or the creation of a new tenancy.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
