Common use of Termination of Lease - Hold Over Clause in Contracts

Termination of Lease - Hold Over. Either Landlord or Tenant may terminate this lease at the expiration of said Lease or any extension thereof by giving the other thirty (30) days written notice prior to the due date. Since time is of the essence in all matters of this Lease, and especially with respect to the issue of renewal, if Tenant shall hold over after the expiration of the term of this Lease, Tenant shall, in the absence of any written agreement to the contrary, be a tenant from month to month, as defined by applicable North Carolina law, at the monthly rate in effect during the last month of the expiring term. All other terms and provisions of this Lease shall remain in full force and effect. In the event Tenant becomes a month-to-month tenant in the manner described above, Tenant shall be required to provide Landlord, in advance, thirty (30) days written notice of Tenant’s intention to surrender the Premises. Landlord, at Landlord’s discretion, at any time during a month-to-month tenancy, may terminate the month-to-month tenancy or lease by serving Tenant with a written notice of termination, or by any other means allowed law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.

Appears in 2 contracts

Samples: Month to Month Rental Agreement, Month to Month Rental Agreement

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Termination of Lease - Hold Over. Either Landlord or Tenant may terminate this lease at the expiration of said Lease or any extension thereof by giving the other thirty (30) days written notice prior to the due date. Since time is of the essence in all matters of this Lease, and especially with respect to the issue of renewal, if Tenant shall hold over after the expiration of the term of this Lease, Tenant shall, in the absence of any written agreement to the contrary, be a tenant from month to month, as defined by applicable North Carolina law, at the monthly rate in effect during the last month of the expiring term. All other terms and provisions of this Lease shall remain in full force and effect. In the event Tenant becomes a month-to-month tenant in the manner described above, Tenant shall be required to provide Landlord, in advance, thirty (30) days written notice of Tenant’s intention to surrender the Premises. Landlord, at Landlord’s discretion, at any time during a month-to-month tenancy, may terminate the month-to-month tenancy or lease by serving Tenant with a written notice of termination, or by any other means allowed law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice. However, in the event Tenant holds over after the expiration of the term of this Lease, and after Landlord or Landlord’s agent makes demand, in writing, for the possession of the premises, Landlord or Landlord’s agent may file a complaint with the clerk of superior court and ask to be put in possession of the leased premises.

Appears in 2 contracts

Samples: Residential Lease Agreement, Month to Month Rental Agreement

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