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I have a 24 months with an optional to extend for 12 month rental. I have completed the 24 months and would like to exercise the 12 month option but my landlord is saying he requires a minimum stay commitment for the diplomatic clause. In the contract the clause states that the tenant is entitled to preterminate the contract with 2 months period only after completing a tenancy term of 12 months.

In my case, I have completed the 12 months so is it right for the landlord to ask for a minimum stay period ?
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Hi Andrea,

Correct me if I am wrong, you are looking to exercise the lease extension of 12 months option at the end of the 24 months lease. The original agreement has a clause indicating the diplomatic clause where you can exercise this clause after a term of 12 months by giving 2 months notice.

You are checking if landlord is right to ask for a minimum stay period in your negotiations for extension. Do you have any other clauses indicating that in the event of renewal, all the clause should remain as it is and that the diplomatic clause will be based on the initial agreement? From previous experiences conducting rental, most lease extension or renewal clause will likely cover only the period for extension as well as the right to agree on the revise rental rate according to the market. Given that you are likely to be entering into a brand new agreement for the extended period, the terms and conditions can change too. It will be in your best interest to check with a legal professional on your situation.

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1
  • Geryl Lim
    This is my personal opinion as I am not a trained lawyer. Each agreement signed will be different. An option to extend for 12 months is not necessary implying that after staying 24 months, you can give 2 months notice using the diplomatic clause 2 months into your new lease agreement signed. In the event that there is an absence of a diplomatic clause in your new lease, then the diplomatic clause in your initial agreement is unlikely applicable. If this is affecting your situation, you may wish to consult a lawyer to run through your tenancy agreement to confirm what your rights are as a tenant.
  • AS
    My question is if I have already completed 24 months, now upon renewal landlord is saying the 12 months extension doesn't include diplomatic clause
  • AS
    Yes
  • AS
    Yes the above is correct.

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