CRE 101 - Which contract upholds during a 6 month long negotiation, where the LL executes the TI, and the Tenant starts paying the modified rent, but Tenant still hasnt executed the contract. Does it fall back on the Amendment? Original Lease? Does it default to M2M? What verbiage action defines M2M
See title.....and then sum.

&amp;#x200B;

Currently, the 2nd amendment is what we are referring back to.

2nd Amendment states this as follows.

1. **Extend lease terms for 24 months, expiring Feb 28th 2022**
2. **Tenant has an opt out clause after 1 (one) year, but must include 60d notice.**
3. Starting Oct 1, 2020, Tenant will add on Suite 224 to lease
4. Rental rate for suite 214 &amp; suite 224 shall increase to 2200/month
5. Landlord agrees to have the portion wall built in suite 224

Does number 1 create a form of auto renewal if the proposed renewal isnt executed in 6 months?

Bare in mind Tenant has started paying the 2800 which is the NEW rate

Or does the opt out clause stay active in the auto renewal?

&amp;#x200B;

NOTE

I do not see any m2m language, tenant submitted a 30d notice to leave at the end of Oct. Technically, I read this as the lease doesnt go into a m2m, and it should auto renew upon expiration on Feb 28th 2022. Thus extending his term automatically another 24 months since he hasnt executed the renewal by signing it. 

Additionally, if the auto renewal is in fact applicable here, then based on the expiration date of 02/28/22, the new expiration would be 02/28/2024, thus the second clause allows him to submit a 60d notice on 03/01/2023 which is 1y from the start of 03/01/2022.

Am I reading this right? I dont see any reference in the original lease to a month to month. Hold over section has the tenant to accept the terms and conditions of the original lease.

&amp;#x200B;

Can I hold him to additional rent until?

Can I tell the tenant that a 60d notice is required?

Nothing here says month to month, it does state a specific expiration date but what happens when hes paying the new modified rent from an unexecuted 3rd amendment.

&amp;#x200B;

Thanks in Adv.
[{"id": "iqrffbg", "text": "If the 3rd amendment hasn't been executed, i.e., not signed by both parties, then there is no 3rd amendment. The 2nd amendment remains in force.  The body of the original lease notwithstanding amended portions remains in force.  There is no autorenewal unless specified in the original or 2nd amendment lease.  An option to extend-renew is not an autorenewal; the extension is for a stated period. When the term expires, the lease is over.   \n Unless all of this is overridden by statute.  \n\nThirty days notice is inadequate per the lease, and is not sufficient contractual notice.  Where do  you get m-t-m or autorenewal out of this?  How can you charge additional rent when it's not been executed?  \n\nSlow down, start from the foundation of the original lease and work forward. And get an attorney to advise you for I'm just some random guy on the world wide web.", "replies": [{"id": "iqrg2kv", "text": "The Hold Over section states the following, which is what makes me think that the terms in the original lease are renewed so to speak. Everyone I speak to has a different interpretation, including attorneys.\n\n**15. Holding Over**\r  \n\r  \nIf Tenant fails to vacate at the end of the Term, then Tenant shall be a Tenant at will and subject to all terms and conditions of the Lease, and, in addition to all other damages and remedies to which Landlord may be entitled, Tenant shall pay, in addition to the Rent, a daily Basic Rent, payable in full in advance each month, equal to the greater of (a) twice the Basic Rent payable during the last month of the Term, or (b) the prevailing rental rate in the Building for similar space.", "replies": [{"id": "iqs2747", "text": "A holdover isn't an automatic extension of the same original length of term. It's a month to month holdover on the same general terms of the lease except the rent as outlined in the clause. Not an automatic renewal.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}]