SURRENDER OF PREMISES; HOLDING OVER Clause Samples
The "Surrender of Premises; Holding Over" clause defines the tenant's obligations when vacating the leased property at the end of the lease term and addresses the consequences if the tenant remains beyond that period. It typically requires the tenant to return the premises in a specified condition, such as clean and free of personal property, and outlines any penalties or changes in rent if the tenant stays past the lease expiration without the landlord's consent. This clause ensures a clear process for ending the tenancy and protects the landlord from unauthorized occupancy or delays in regaining possession of the property.
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SURRENDER OF PREMISES; HOLDING OVER. (a) No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant's right to possess the Premises, Tenant shall deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear (subject however to Tenant's maintenance obligations) excepted, and with the HVAC System and hot water equipment, light and light fixtures (including ballasts), and overhead doors and related equipment in good working order, deliver to Landlord all keys to the Premises, and remove all signage placed on the Premises by or at Tenant's request. All fixtures, alterations, additions, and improvements (whether temporary or permanent) shall be Landlord's property and shall remain on the Premises except as provided in the next two sentences. Tenant may remove all trade fixtures, furniture, trade equipment and personal property placed in the Premises by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, and other property as Landlord may request, provided such request is made within sixty (60) days prior to the end of the Term and provided that the installation or construction of the applicable alteration, improvement, additions, fixture or wiring was not consented to by Landlord in writing (unless at the time of consent, Landlord informed Tenant that such item would need to be removed upon expiration of the Lease). All items not so removed shall, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws, and so as not to damage the Building or unreasonably interfere with other tenants' use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section.
(b) If Tenant fails to vacate the Premises at the end of the Term, then Tenant ...
SURRENDER OF PREMISES; HOLDING OVER. Lessee shall have surrendered the Premises when (a) the move-out date has passed and no one is using the Premise within Lessor’s reasonable judgement; or (b) all Premise keys and access devices have been turned in to Lessor, whichever comes first. Upon surrendering the Premises, Lessee shall promptly surrender and deliver the Premises to Lessor in as good condition as received, reasonable wear and tear excepted. Lessee has no right to retain possession of the Premises or any part thereof after the termination of this Lease. Any holdover tenancy consented to by Lessor shall be from month to month at ten percent (10%) above the monthly rent payable in the month prior to the termination of this Lease and shall be subject to all of the terms and conditions of this Lease. The consent by Lessor to allow the Lessee to hold over is not to be construed as or an agreement to a renewal of the lease. Lessor reserves all rights and powers described above as Remedies and Defaults.
SURRENDER OF PREMISES; HOLDING OVER. (a) This Lease shall terminate, and T▇▇▇▇▇ shall deliver up and surrender possession of the Premises on the Expiration Date of this Lease, and Tenant waives the right to any notice of termination or notice to quit. Tenant covenants that upon the Expiration Date of this Lease or the sooner termination of this Lease it shall without notice deliver up and surrender possession of the Premises in the same condition in which T▇▇▇▇▇ has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear excepted.
(b) Upon the failure of Tenant to surrender possession of the Premises upon the expiration or sooner termination of this Lease, Tenant shall pay to Landlord, as liquidated damages, an amount equal to twice the Base Rent and Additional Rent required to be paid under this Lease as applied to any period in which Tenant shall remain in possession after the Expiration Date of this Lease or sooner termination of this Lease. Acceptance by Landlord of Rent after such expiration or earlier termination shall not constitute a consent to a holdover tenancy by Tenant under this Lease nor result in any renewal of this Lease. The foregoing provisions of this Section 18 are an addition to and do not limit or constitute a waiver of Landlord’s right of reentry or any other rights of Landlord hereunder or as otherwise provided by law.
SURRENDER OF PREMISES; HOLDING OVER. Upon termination or the expiration of this Lease, Tenant shall peaceably quit, deliver up, and surrender the Premises. If Tenant does not surrender possession of the Premises at the end of the Term, such action shall not extend the Term, Tenant shall be a tenant at sufferance, and during such time of occupancy Tenant shall pay to Landlord, as damages, an amount equal to twice the amount of Rent that was being paid immediately prior to the end of the Term. Landlord shall not be deemed to have accepted a surrender of the Premises by Tenant, or to have extended the Term, other than by execution of a written agreement specifically so stating.
SURRENDER OF PREMISES; HOLDING OVER. Tenant shall, at the end of the Term, surrender the Premises to Landlord together with any personal property therein belonging to Landlord and alterations made thereto, in good order, repair, and condition, except for damage caused by casualty or by subsidence or other earth movement, obsolescence, ordinary physical depreciation, or ordinary wear and tear, or by Landlord's failure to perform its obligations under this Lease, and except for the matters and things which Landlord is required to do or repair under this Lease. Tenant shall have the right at any time on or before the termination of this Lease to remove from the Premises all merchandise, signs, fixtures, furniture, furnishings, partitions, and equipment installed and owned by Tenant; provided, however, Tenant shall repair any damage to the Premises caused by any such removal. Heating, ventilating, air conditioning, plumbing, bulkheads, partition walls, ceilings, electrical and sprinkler equipment, and other permanent fixtures and alterations shall not be removed by Tenant. If Tenant holds over after the expiration or earlier termination of the Term, Tenant will become a tenant from month to month upon the same terms as herein provided except that Base Rent shall be an amount equal to one hundred and fifty percent (150%) of the Base Rent payable prior to such expiration or termination. Such month to month tenancy will continue until the tenancy is terminated at the end of any month by the giving of at least thirty (30) days written notice by either party hereto to the other.
SURRENDER OF PREMISES; HOLDING OVER. Upon termination or expiration of this Lease, Tenant shall peaceably quit, deliver up, and surrender the Premises, except as otherwise specifically provided in Section 9.01, in good order, repair, and condition. Subject to the terms of this Lease, upon such termination or expiration Landlord may, without further notice, enter upon, reenter, possess, and repossess itself of the Premises by force, summary proceedings, ejectment, or otherwise, and may dispossess and remove Tenant from the Premises and may have, hold, and enjoy the Premises and all rental and other income therefrom, free of any claim by Tenant with respect thereto. If ▇▇▇▇▇▇ does not surrender possession of the Premises at the end of the Term, such action shall not extend the Term, Tenant shall be a tenant at sufferance, and during such time of occupancy Tenant shall pay to Landlord, as damages, an amount equal to twice the amount of Rent that was being paid immediately prior to the end of the Term. Landlord shall not be deemed to have accepted a surrender of the Premises by ▇▇▇▇▇▇, or to have extended the Term, other than by execution of a written agreement specifically so stating.
SURRENDER OF PREMISES; HOLDING OVER. On the last day or sooner termination of this Lease, Tenant shall quit and surrender the Premises, together with all alterations, vacant and free of all tenancies and any leasehold rights therein and in the condition required under this Lease, normal wear and tear and damage by casualty excepted, and shall remove fixtures, equipment and all debris and surrender all keys for the Premises to Landlord at the place then fixed for the payment of Base Rent. If Tenant does not do so, then after expiration of this Lease, it will be a tenant at will upon the applicable conditions of this Lease. In such event the Base Rent payable shall be increased by twenty five percent (25%) over the Base Rent payable during the last full month of the Term. If the Premises is not surrendered as and when aforesaid, Tenant shall indemnify Landlord from and against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding occupant or purchaser founded on such delay. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease.
SURRENDER OF PREMISES; HOLDING OVER. Tenants will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by ▇▇▇▇▇▇▇, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the Premises clear of all rubbish and debris. If Tenants retain possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenants that such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by ▇▇▇▇▇▇▇. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein.
SURRENDER OF PREMISES; HOLDING OVER. (a) At the expiration of the Lease Term or any Extension Term, Tenant shall surrender the Premises in the same condition in which they were upon the Commencement Date, reasonable wear and tear excepted, and shall deliver all keys and combinations to locks to Landlord. Before surrendering said Premises, Tenant shall remove all personal property including all trade fixtures, and shall repair any damage caused thereby as provided in Section 10(b). Tenant's obligation to perform this provision shall survive the Lease Term. If Tenant fails to remove its property upon the expiration of the Lease Term, Landlord may, among other remedies, cause such properties to be removed and disposed of with the costs of such removal and disposal to be borne by the Tenant.
(b) Any holding over after the expiration of the Lease Term or any renewal term shall be construed to be a tenancy at will, and shall be on the terms herein so far as is applicable, except that Landlord reserves the right to increase the Base rent upon thirty (30) days' advance written notice to Tenant, and such tenancy shall be terminated upon thirty (30) days' advanced written notice by either party.
SURRENDER OF PREMISES; HOLDING OVER. At the expiration of any tenancy created herein, Lessee shall surrender the Leased Premises in as good a condition as at time of initial possession excepting normal wear and tear. Lessor shall have the right, at Lessor’s discretion, upon expiration of this Lease and upon vacating by Lessee, to require Lessee to restore the Leased Premises to their original condition at the time of Lessee’s possession, normal wear and tear excepted. Lessee shall surrender all keys for the Leased Premises to the Lessor and shall inform Lessor of all combinations on locks, safes, and vaults, if any, in the Leased Premises. Lessee’s obligations to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. If Lessee shall default in so surrendering the Premises, Lessee’s occupancy subsequent to such expiration, whether or not with the consent or acquiescence of the Lessor, shall be considered to be that of a tenancy at will and in no event from month to month of from year to year, and it shall be subject to al the terms and conditions of this Lease applicable thereto. Either party may terminate an at-will tenancy with 30 days notice.