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Category: Real Estate Law
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Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Hi, we just acquired a small commercial building, the existing

Customer Question

Hi, we just acquired a small commercial building, the existing commercial leases are expired. One of the tenant refuses to sign a new lease, although the terms are the same of the old lease. Will the old lease remain in effect?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good evening Wilma,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under PA law, when a commercial lease agreement ends and is not renewed, if the tenant stays in the unit, the landlord has a choice to make. The landlord may treat the tenant as a holdover, and that converts the period of the tenancy into a month to month tenancy, or the landlord may seek to evict the tenant.

Either way though, the old lease provisions still apply to the holdover period---with the exception of the lease term itself. You are free to increase the rent to make up for the fact that the tenant is not providing you with the stability that a multi year lease would provide.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction.


I wish you the best in your future.

Doug

Customer: replied 1 year ago.

Doug, thank you. The leases expired in 2010 - does that make any difference?

Expert:  LawTalk replied 1 year ago.
Good evening Wilma,

It doesn't matter when the lease actually ended. So long as the tenant remains they are in a holdover tenancy and the original lease agreement provisions still apply---again, with the exception of the original lease term. You may continue to accept them as a holdover tenant, or you may terminate their tenancy and demand that they leave. If they won't then leave, you may have them evicted,

Thank you for your kind words. They are appreciated. Please keep in mind that even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Thanks again.

Have a great evening,

Doug
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 28000
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
LawTalk and 5 other Real Estate Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.

Thank you for your positive rating of my service, Wilma. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have, or simply ask for me by name in the first sentence of your new question:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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