Trial Necessary for Dispute Over Holdover Rent

February 8, 2011
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Facts: A tenant leased office space for its law firm. The lease term was four years and provided for two five-year extensions. After the final extension of the lease term expired, the tenant continued to occupy the space on a month-to-month basis, paying rent as specified in the holdover section of the expired lease. The owner later sued to evict the tenant, terminating the month-to-month tenancy. It claimed that the tenant failed to pay rent equal to the “use and occupancy” of the space, which it asserted was significantly higher than the month-to-month rent.

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