Massachusetts Renewal Option Provision

State:
Multi-State
Control #:
US-OL24014
Format:
Word; 
PDF
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Description

This office lease clause provides the tenant with two consecutive renewal options each consisting of five years, under the same terms and conditions as those set forth in the lease for the initial term, except that Base Rent for the renewal terms differ.

How to fill out Renewal Option Provision?

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FAQ

Note: Difference between option to renew and extend ? where the parties agree to ?extend? the existing lease is continued, where the parties ?renew? this creates a new lease.

In Massachusetts, automatic renewal clauses are enforceable, provided that they also contain a provision that either party may elect not to renew the contract for another term by giving notice to the other party of their intent not to renew.

The main difference, however, is that a contract extension extends the term of the contract based on the existing contract, while a contract renewal replaces the existing contract with a new one. A contract renewal is essentially a contract extension without a change in the terms of the contract.

Once the option is included in the lease, then provided the tenant complies with its obligations under the lease, the landlord cannot refuse to renew the lease for the option term.

A lease renewal is when the tenant and landlord agree to another lease term, which may require creating a new lease with updated clauses and a higher rent price in most cases. A lease extension is when tenants need the term extended for a certain period with a lease amendment.

As long as the landlord isn't retaliating against you for some reason by not renewing your lease, he/she is under no obligation to allow you to renew a lease outside of the existing lease agreement.

A renewal option is common in business and rental lease agreements. A renewal option allows for a lease to apply to a specified time period, but the lease can be extended for another term if agreed upon by the participating parties.

An option to renew or extend the lease means that upon the tenant's exercise of the option (choice), the provisions of the agreed-upon option are adopted for another defined term. The terms of the option can include the length of the new term, a change in rent, and other modifications.

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Massachusetts Renewal Option Provision