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Updated about 1 year ago on . Most recent reply

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Tommy Dians
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Is using a lease addendum to extend a lease ok after expired term for a M2M Tenant?

Tommy Dians
Posted

Hi all, I usually just make a lease addendum when extending a lease, but due to the economic situation of a tenant the original lease term expired about 2 years ago and we have been month to month since then.  Even though the original lease term expired there is a section stating that the lease will continue month to month as long as the tenant pays and I accept, which has been the case.  Now the tenant is ready to extend the lease long term, so is it still fine to just make a simple addendum to the original lease instead of drafting an entire new one?  This is a commercial lease by the way. Thanks in advance!

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Lynn McGeein
  • Real Estate Agent
  • Virginia Beach, VA
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Lynn McGeein
  • Real Estate Agent
  • Virginia Beach, VA
Replied

If it were my lease, I'd just add language in an addendum to clearly state it was under the month-to-month provision from dates x to y, now lease term is extended to ... and all other provisions still remain in effect.  Something that makes it clear that both parties understand they've been under the same lease the entire time.

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