Asked by Anonymous
My parents are planning to move back to their house which is currently tenanted until Feb 2022. Tenant has written in to my parents stating that they want to renew their lease when it ends. My parents have explained that they want to move into the property themselves when the lease is up, and therefore do not want to extend the lease.
The tenant has highlighted their unwillingness to move and has tried to hoodwink my parents into thinking that they (the tenants) have the right to somehow compel my parents to renew the tenancy agreement due to the language used in the TA, especially this particular clause.
"The Landlord shall on the written request of the Tenant made not less than Two (02) months before the date of expiry of this tenancy, and if there shall not at the time of such request be any major existing breach or any major non-observance of any conditions, covenants or stipulations on the part of the Tenant herein contained, grant to the Tenant a tenancy of the said premises for a further term of FOUR (04) years from the date of expiry of this tenancy at a then prevailing marketing rent, capped at maximum of +10% of the current rent of $4200.00, but otherwise containing the like conditions, covennants and stipulations as are herein contained with the exception of this option for renerwal. The calculation of the security deposit for the new term shall be based on the revised rent."
My question is, can the tenants compelled the landlord to renew the tenancy agreement? What happens if my parents do not renew the TA and the tenant refuses to vacate? Thanks in advance!
The tenant has highlighted their unwillingness to move and has tried to hoodwink my parents into thinking that they (the tenants) have the right to somehow compel my parents to renew the tenancy agreement due to the language used in the TA, especially this particular clause.
"The Landlord shall on the written request of the Tenant made not less than Two (02) months before the date of expiry of this tenancy, and if there shall not at the time of such request be any major existing breach or any major non-observance of any conditions, covenants or stipulations on the part of the Tenant herein contained, grant to the Tenant a tenancy of the said premises for a further term of FOUR (04) years from the date of expiry of this tenancy at a then prevailing marketing rent, capped at maximum of +10% of the current rent of $4200.00, but otherwise containing the like conditions, covennants and stipulations as are herein contained with the exception of this option for renerwal. The calculation of the security deposit for the new term shall be based on the revised rent."
My question is, can the tenants compelled the landlord to renew the tenancy agreement? What happens if my parents do not renew the TA and the tenant refuses to vacate? Thanks in advance!
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