Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Scott E. Mollen

Landlord-Tenant—Lease addendum Language As to a Renewal Lease Was Unenforceable, Based on the Doctrine of Definiteness—Lacked Amount of Rent and Duration of the Lease

A landlord commenced a holdover proceeding. The landlord had rented the premises to the tenant commencing May 1, 2009 and ending on April 30, 2010. The petition alleged that the tenant had continued as a month-to-month tenant, that a thirty-day notice of termination (notice) had been served, ending the tenancy as of Feb. 28, 2017. The tenant moved to dismiss the petition.   The tenant submitted a lease dated March 24, 2009, for the term commencing May 1, 2009 and ending April 30, 2010. That lease provided for a monthly rent of $1,300 and a lease addendum (addendum) further provided, that “[a]fter one year period tenant can remain in the house as long as tenant needs, tenant must be offered a renewal of the lease by landlord.”

The tenant argued that it had never been offered a renewal lease and therefore, the landlord violated the terms of the lease. The tenant further asserted that an offer of a renewal lease was a condition precedent to terminate the tenancy and that the lease had been extended for an additional year by the landlord’s acceptance of the same rent for the last seven years.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.