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SalesguyPA
Sep 12, 2012, 11:01 AM
We signed a commercial lease from June 2009 to May 31, 2011. On June 1, 2011 the rent went up $200 per month. The renewal tern says " The lease shall automatically renew for an additional 1 to 36 months per the renewal term. unless either party gives written notice of termination no later than 30 days prior to the end of the term or renewal term. The lease terms during any such renewal term shall be the same as those contained in this lease.

The question is: what does the 1 to 36 months per renewal mean? We want to leave by OCT 15th. On Sept 10th, I wrote him to let him know we wished to terminate lease. Nothing after May 31, 2011 was ever in writing. When the rent went up in June 2011, I told him we would stay for one additional year. Are we in violation of our lease.

AK lawyer
Sep 12, 2012, 11:45 AM
... The renewal tern says " The lease shall automatically renew for an additional 1 to 36 months per the renewal term., unless either party gives written notice of termination no later than 30 days prior to the end of the term or renewal term. The lease terms during any such renewal term shall be the same as those contained in this lease.

The question is: what does the 1 to 36 months per renewal mean? ...

Good question. The language "per the renewal term" suggests that this "renewal term" is some other clause in the lease you haven't told us about. It is quite possible (probable in fact), however, that whoever drafted the lease mistakenly failed to put a "renewal term", defining the period a renewal is for, in the lease.

In any case, the landlord actually had no right to raise the rent, because the language "... lease terms during any such renewal term shall be the same as those contained in this lease ..." prohibits the landlord from doing so.