[RPPTL LandTen] Do commercial lease terms continue to apply post-expiration?

[David Weisman]

I think that it does. Does your lease have any provision that it is not deemed a renewal  but continues month to month? Sometimes the holdover or surrender provision has that wording.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Monday, May 10, 2010 4:35 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Do commercial lease terms continue to apply post-expiration?


Any insight would be appreciated:

I thought that if a commercial lease (which had no option to renew and no survival of terms provision) expired but the tenant stayed, paying monthly rent which the landlord accepted, the parties will have created a month to month tenancy and the lease terms, other than duration would continue to apply.  For example, if the lease deemed expense pass-throughs to be "additional rent", that would continue to be the case post-expiration.

Is that correct? I can't seem to find any law on it.

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:       954-962-3560

Email:   Jmazor at Mazor.com<mailto:Jmazor at Mazor.com>



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