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Old 09-12-10, 10:50 AM
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Default Anyone familiar with the "holding over" lease law

As this is the first time we are moving the office to a new building, it looks like we dropped a bit of a clanger.

We've outgrown our office, so have agreed terms on a nice new office, and we (naively) thought 60 days notice would be adequate.

Our current landlord has cited us with the "holding over" clause, as we don't have a current signed lease, so must legally give 90 days notice.

If we have to, then so be it, just took us by surprise. We arrived in the building in 2006, signed a 12 month lease, then a year later moved to a different office within the same building. Although we got a new lease for the new office, we <ahem> forgot to sign it, and have been here for the last 3 years.

So in theory we have never signed a lease for the office we are in, or is that irrelevant, because we have moved within the same building, which is all owned by the same landlord?

So does the "holding over" law apply in this case? Or can we save ourselves a months rent?
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