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Question
Landlord leased an office suite to Tenant for "the period beginning January 1, 2024, and ending December 31, 2025, at a rent of $4,000 per month, payable on the first day of each month." The lease did not require notice before the end date. Tenant remained in possession after December 31, 2025, while negotiating for a smaller space in the same building. On January 1, Tenant mailed Landlord a check for $4,000 marked "January rent," and Landlord deposited it. On January 15, Landlord signed a lease for the same office suite with New Tenant, who wanted possession on February 1.
On January 20, Landlord demanded that Tenant leave immediately and pay double rent for January because Tenant had held over. Tenant argues that the original lease continued only until Landlord accepted the January check and that Tenant may now leave at the end of January without further liability.
Discuss the parties' rights and obligations. Address the type of tenancy created by the original lease, whether notice was required at the original expiration date, the legal effect of Tenant's holdover and Landlord's acceptance of January rent, and the likely possession and rent consequences.