Tenant Loses Right of First Refusal When Tenancy Becomes Month-to-Month

August 23, 2009
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Facts: A tenant that had rented office space for its law firm for more than 12 years had a “right of first refusal” in its lease, meaning that the owner was required to offer any available space in the building to the tenant before anyone else.

Space became available during that period, but the owner never offered the tenant a right of first refusal, nor did the tenant pursue additional space. The lease was changed to a year-to-year lease, and then to a month-to-month tenancy.

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