The option gives the tenant time to determine whether: the economic and financial conditions of their trade or business or residency at this location favor continued possession, and thus they are to exercise the option and remain; or the premises is not what they need for the future and, being under no obligation to exercise the option, they are to vacate the premises on expiration of the lease.
The tenant is under no obligation to exercise the option, and benefits greatly from the added flexibility. A renewal option encourages a tenant to enter into the lease since it affords the tenant has the right to continue in possession if the property proves beneficial to their business.
Understanding Borrower Extension Options
Thus, the option is both an inducement to let and an inducement to stay. Renew vs. An extension stretches out of the original lease term while retaining all aspects and conditions created by the original lease agreement.
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- At the time of lease execution, however, it is difficult or impossible to ascertain and negotiate the rental rate for the future extension term.
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- Tenant shall have the option to extend the Term for each of two 2 additional five 5 year extension terms each an "Extension Term" by notice given to Landlord at least twelve 12 months but no more than eighteen 18 months before the Term Expiration Date.
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On exercise of the option to extend, the original termination date for vacating stated in the lease agreement is modified as provided in the option provisions, extending the term for the additional period.
Alternatively, a renewal requires the tenant and landlord to enter into a new lease on identical conditions to the what to do to make money for a pensioner lease agreement.
Thus, a renewal is not a continuation of the old lease. The new tenancy is subject to any change in law affecting the rights with extension option obligations of the landlord or the tenant since entering into the original lease agreement. More importantly, the new lease is subordinate to any encumbrances — mortgages, judgments or tax liens — which the landlord caused to be recorded during the term of the prior lease.
Alternatively, an extension merely modifies the original lease by extending its expiration with extension option. Thus, the modified lease is not subject to changes in the law or encumbrances occurring during the term of the original lease.
In doing so, they neglect to maintain clarity of purpose, legal rights and the paperwork involved. As a result, the provisions and conditions created by the original lease apply to the continuing tenancy on exercise of the option, but with a new expiration date by modification.
It is used as an addendum in which the landlord grants to the tenant the option to either extend possession under the original lease agreement or renew under a new lease agreement on the same conditions as the expiring lease.
The notice needs to be timely delivered to the landlord, and be unequivocal and precise in its terms for the specific period offered in the option.
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If the notice is lacking these critical elements, it is ineffective and may be ignored by the landlord. If the tenant fails to perform any of the steps outlined in the option agreement, the option is not exercised and the lease will expire at the end of its original term.
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- A lease extension refers to a legal agreement that extends the term of an existing lease or rental agreement.
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Prudential Insurance Company of America CA3d ] Usually, the tenant is required to give written notice of their exercise of the option several months before the current term of the lease expires — typically a period of time ending three to six months before expiration of the original lease. Notice of exercise is to be provided in writing and personally handed or sent by certified mail to the landlord within a specific window period of time, such as three months, which closes three to six with extension option prior to the expiration of the current lease term.
When a receipt for certified mail is issued by the post office, the tenant is no longer responsible for its physical delivery to the with extension option. It is unnecessary to request a return receipt.
Checklist for Negotiating Your Office Lease Extension Option
If such an activity or step is required, it needs to be performed or properly addressed in the form used to exercise the option.
This notice from the landlord to the tenant of expiration of the option eliminates the element of surprise for both the landlord and tenant. Thus, the landlord may be in a position, if availability of space has become extremely tight, to take unconscionable advantage of the tenant, an over-reach situation the landlord is to be careful to avoid.
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