Q: The following text is in our lease in the Holdovers clause:
Section 50. HOLDOVER: Holdover shall be in accordance with the provisions of Section 2. LEASE DATE AND TERM. All provisions of this Lease that are not inconsistent with a tenancy based on the terms in Section 2. LEASE DATE AND TERM shall remain in full force and effect. During the tenancy, Tenant agrees to give Landlord three (3) months prior written notice of its intent to vacate the Premises. Tenant also agrees to vacate the Premises upon three (3) months prior written notice from Landlord. During the tenancy the Landlord may make rent adjustments in accordance with the provisions of Section 3.d. In no event shall rent be less than that specified in section 4, Renewal Options.
Does the three months notice apply to end the lease at the end of its normal term or just in the event of a holdover?
A:
Your willingness to type the entire clause in your question for review is admirable. Unfortunately, no contract is limited to just one clause. Frequently, poorly written contracts can even have competing clauses. When you ask "or just in the event of a Holdover" it is impossible to say whether this issue is touched on by some other part of the contract. When a judge makes decisions about issues covered by a contract, he always looks at the entire contract together.
You are going to need to have an attorney read the entire contract to be sure whether other options exist for terminating the lease and whether these terms are limited to Holdovers.
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