Lease renewal

 I own a small property that I leased to a business just over two years ago. I sent a notice to the tenants informing them that I was terminating the lease and they would be required to move out. I actually thought I was being generous by giving them 60 days’ notice to leave. The tenants have come back to say that they’re not moving out because they’re exercising their right to renew. The agreement says that the lease will last for two years. It doesn’t say anything about any renewal. Is it true that the tenant has a right to renew?

A tenant does not have an automatic legal right to renew their lease. A tenant only has the right to renew if their lease agreement expressly gives them this right. And even then, the renewal would be in accordance with the terms of the lease agreement. In your case, you mention that your lease agreement is silent on the issue of a renewal. This means that, at the end of the lease, the agreement becomes a month-to-month lease agreement with either party being able to terminate on one month’s notice. From what you’ve mentioned, it seems that you have validly terminated the lease agreement and your tenants would need to move out by the end date in your notice. Please note that this is just a general observation based on your question. We strongly recommend that you schedule a consultation with an attorney who can read the terms of your lease agreement to confirm your legal position and possible recourse.

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