Right of First Refusal
Tuesday, January 15, 2019
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.