Rental Lease Agreement Document With Purchase Option In Montgomery
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Section 29-27(w) of the Montgomery County Code requires that all licensed landlords attach the Lease Summary to each new lease.
A break clause, sometimes referred to as an 'option to determine,' allows either the landlord, the tenant, or sometimes both, to end a lease early. This provides much-needed flexibility in case circumstances change. For example, a business may need to downsize, or a landlord may wish to sell or redevelop a property.
A 'break option', 'break clause' or 'option to determine' is a clause in a lease which gives either the landlord, tenant, or both, a right in specified circumstances to terminate the lease before it's contractual expiry date.
Be sure to review the contract in its entirety and consider all written terms and conditions including penalties, renewals, terminations, and extensions when evaluating the lease term. Depending on how the contract is written, the lease term may be determined from the commencement date or possibly the possession date.
For example, a tenant and landlord may agree to a five-year lease with a five-year option to renew. At the end of the first five years, the tenant is given the chance to continue the lease for another five years. If you think you may renew, be sure to bring up extension provisions with your landlord.
A break clause in a commercial lease (also known as 'an option to determine') is fairly common. It allows both parties flexibility if any issues or changes in circumstances occur, and provides the parties with a mechanism to terminate the agreement early if certain criteria are met.
Under current state law, landlords may utilize the “Tenant Holding Over” (THO) eviction action in District Court, under Real Property § 8-402, after expiration of the lease. This statewide statute does not require a landlord to demonstrate any reason for the decision to terminate or non-renew the lease.
If the tenant is in a month-to-month tenancy and the landlord wishes to end the tenancy, then the landlord must give the tenant a written 60-day notice. This notice must inform the tenant that the tenancy will end at the end of the 60 days and that the tenant must move out of the rental unit by that time.
