Tenant Inadvertently, Not ‘Willfully,’ Held Over Space

Facts: A tenant and owner negotiated a four-month lease for commercial space, with an option to renew on a month-to-month basis. The tenant failed to pay rent for two months in a row, but asked the owner to extend the lease for an additional month past the original lease term. The owner agreed to the extension, provided that the tenant pay past due rent and fees and pay the additional month’s rent. The tenant agreed, but ultimately failed to follow through with the correct number of rent payments.

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