Commercial Lease Holdover - need quick reply please.
Hello,  We have been renting our space for over 10 yrs but have been seeking a new lease elsewhere for less as it had escalated more than we could manage. As of today our Landlord informed us we are now “holdover tenants” unless we sign his renewal which we would prefer to avoid. We would like to continue to rent to bridge over to a new space- probably 1-3 months.   My great concern is whether a holdover tenancy automatically reactivates ALL of the terms of an otherwise expired lease, or ONLY the amount of the rent? There are some very harsh penalties in the original lease we would not want to be liable for again. The original lease does not have any specific holdover clause. 

The landlord emailed that we would pay at our current rate and would be considered a holdover tenant if we do not sign a renewal.
[{"id": "eshddwc", "text": "You really need to involve your lawyer in this situation.  What the lease says is important and you may not be entitled to a judicial eviction (ie landlord may be able to change locks).\n\nGenerally no, a hold over tenant doesnt see the rest of their lease invalidated, whatever restrictions were in place still will be.\n\nCommercial tenants have little statutory protections most places, what the lease says is what defines your tenancy.  (And holdover).", "replies": [{"id": "eshdq9z", "text": "Thank you. I have reached out to our attorney but have not been able to get through yet. So if the original lease can impose a 6 month penalty for termination if Landlord is unable to re- rent in 3 months, and can charge for advertising and renovations / remodeling to modify for a new tenant - we would be liable for all of this?", "replies": [{"id": "eshf0ss", "text": "If your landlord is able to hold you to those terms I'm moving to wherever you live.  Ianal but I would assume that penalty is only for leavin without required notice.  Also I would be very surprised if any judge would validate those lease terms...remember just because the agreement says one thing doesn mean the court will enforce it.  De worth your money to get a quick read of the lease and some advice from a lawyer", "replies": [{"id": "eshvbsw", "text": "Ok, thank you.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "eshek4m", "text": "You are in an eviction process until you sign a renewal or leave. The holdover is very unfavorable to tenants in order to make them leave. You can assume that any language in the lease that hurts you will be used. \n\nIf you don\u2019t have a signed lease at another location you are fucked, since it takes 6 to 9 months to get the buildout done or permits ect. \n\nPlus whoever you are negotiating with knows you are fucked and can hammer you. \n\nGood luck, this will be tough.", "replies": [], "depth": 1}, {"id": "eshg1qz", "text": "Ny commercial L&amp;T lawyer here. What state are you in? I can prob make a referral.", "replies": [{"id": "eshgbf7", "text": "NY State", "replies": [], "depth": 2}], "depth": 1}, {"id": "eshh9hd", "text": "You also need to check your lease for a \"holdover\" rental rate.  Many times your \"holdover rent\" will be anywhere from 10% to 50% more than your contract rental rate.  I don't want you to be surprised and this is something you can work through with your landlord if you get ahead of it.", "replies": [{"id": "eshhlep", "text": "Thank you- there is no holdover rate in the lease. The landlord emailed that we can sign his renewal, otherwise we have become holdover tenants and would pay him the rate we have been paying.  \n\nWe have been in contact with him since January regarding our tenancy and told him we needed to seek a new space due to the cost of his space( unless he could offer a rent reduction, which he did but his rent is still significantly  above market so we thanked him and let him know we needed to relocate)", "replies": [], "depth": 2}], "depth": 1}, {"id": "esjy1vf", "text": "Sounds like you're in breach of contract which opens you up to a shitload of liability. \n\nDon't play smart with other peoples assets.", "replies": [{"id": "essq2ws", "text": "Hmmm, I\u2019m not sure about your reply. The landlord offered remaining as a holdover and paying  the same rent as we have been paying as the alternative option to renewing the lease. The \u2018contract\u2019 we had was a lease that is now expired. We opted to become a holdover while we work on relocating, and have been open with him as we considered this for several months now. Do you believe we have breached this contract, which is expired?", "replies": [{"id": "essu98l", "text": "Clearly it's a discussion for your lawyer, but generally holdover is as you said, staying in a property after the lease expires. Maybe you're not technically in breach but your lease has expired and your questions seem to be more about what you can do to avoid repercussions which were originally in the lease. Sounds breachy.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}]