Landlord-Tenant Lease dispute
My 5 year lease expired on 12/31/08. It contained a Hold Over clause stipluating the Landlord’s acquiescence and no new written agreements, which there were none. The clause maintains the provisions of the expired lease on a year to year basis, to which I claim should take effect.
The Landlord gave notice to one tenant (with a similar lease) in July, 2008 that there would be a new lease and increase in rent but never gave a notice to me. Months went by without any mention of a new lease or increase in rent. Finally in December, the Landlord stopped by with a letter mentioning an increase in rent plus an annual 3% increase for the next 3 years, but no new lease accompanied the letter. I objected on the grounds that I was not given a timely notice and on December 29th, the Landlord delivered a new lease agreement demanding it be signed by 12/31/08 or to vacate and have the unit ready for inspection by 1/1/09.
My position is that absent the same notice given another tenant and in consideration of the Hold Over clause, I should be able to expect a timely notice of an impending change in the lease but none was given. Am I obligated to vacate or can I hold the Landlord to the Hold Over clause?