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News & Press: Court Cases

Right of First Refusal

Tuesday, January 15, 2019  
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Smyth v. Berman
Cal.App. 2nd Dist. (B286609) 1/10/19

The court held that a right of first refusal contained in a written lease expires when the leasehold ends and the tenant becomes a "holdover" tenant, and when the lease specifies "the continuing [holdover] tenancy will be from month to month". A right of first refusal is not an essential term that carries forward into a holdover tenancy unless the parties so indicate.


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