American Fork, UT asked in Real Estate Law for Utah

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?

Related Topics:
1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
  • Spanish Fork, UT
  • Licensed in Utah

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.

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.