Holding Over

This is a discussion on Holding Over within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; We had a commercial lease for 2 yrs. Oct 05 to Oct 07. The owner sold the building in Jan ...

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Old Jul 10th, 2007, 08:10 AM   #1
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Default Holding Over

We had a commercial lease for 2 yrs. Oct 05 to Oct 07. The owner sold the building in Jan 06. Before he closed with new landlord he wrote an adendum which changed the lease to expire in Oct 06 with an option for 07. He did this in case we didn't like our new landlords we could get out. After the lease expired in Oct 06 we stayed at the location and, as we were told by our original landlord, were month to month on our lease. There is a holdover clause in our lease that says if the lease expires and we stay, we are month to month and have to pay an extra 25% of our base rent for that month to month privelage. We did.
Our new landlords, almost 5 months after the lease expired came to us at the end of Feb 07 and gave us a letter saying that our lease had expired Oct 06 ( they agreed it had expired from the letter our original landlord had written) and to cosider their letter a 2 yr extension from Oct 06 to Oct 08. They also tried to say the rent and CAMS had gone up back in Oct 06 and wanted a bunch of back money.
We were at that same time, because we were month to month, in the process of getting a new building. We told them that we did not wish to renew the lease and would be moving out.
They said we were not month to month and were liable for the lease through Oct 07, even though by their own admission our lease had expired in Oct 06.
We sent them a letter saying we did not wish to renew, and not sure what the procedure was we offered them 90 days notice in good faith ( that would pay them for March, April and May 07). Once again they argued we were obligated until Oct 07.
I read the lease over and saw the Holding Over clause. As I said, it stated that in a month to month situation we had to pay an extra 25% of our base rent. We did. It also said that either party could terminate the month to month situation with 30 days notice. Now since our landlords continued to insist we were still obligated through Oct 07, which by the way they have yet to point out any part of the lease that backs up their contention, we changed our 90 day offer and gave them 30 days ( from March 1st) notice as it stated in our hold over clause. We moved out at the end of April.
They continue to say we owe them 5 more months rent. They have now tried to ask for half the money, since I continue to point out to them that they can show no legal reason we are obligated to pay them for a lease that never existed.
Please help. Am I wrong? I feel we did everything legally and followed the letter of the lease. Should I let them take us to court. I think yes!

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Old Jul 10th, 2007, 10:08 AM   #2
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Well, I think you're ok. If they really had a case they would have taken you to court already. Commercial landlords usually won't play games.

I would suggest you go to a lawyer specializing in commercial leases to get his take. Then if they want to take you to court you'll know where you stand. It would also be a good idea to have your attorney send them a letter stating your position. This will tell them that you're not paying and they're wasting their time harrassing you.

Sometimes paying an attorney for a look see and a letter can save you oodles of stress.

Good luck!
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