The original lease (2007) specified a negative pre-termination and provided for penalty in such case the lease is pre-terminated.
In 2010 renewal/extension, upon my request, the pre-termination was allowed upon due notice of 60 days as I was anticipating the transfer to our own house.
However, there was a delay in the planned house acquisition that required me to renew/extend the lease contract anew.
My current lease expires July 2013. I wish to pre-terminate the lease as we acquired our own townhouse.
I already gave due notice to the lessor about the pre-termination. However, the lessor insists that I shall be penalized as the original lease contract does not allow pre-termination.
I insisted however that the pre-termination was allowed given a 60 day notice due to the amendment done in 2010.
My lessor insists that the positive pre-termination option granted in 2010 was specific to that period only. The amended option in 2010 did not specify that is was valid only for such year.
I explained to the lessor that the annual renwal/extension covered by the letter is in fact an addendum to the original lease contract and thus is an integral part of lease contract. Any change/addition made effectively supersedes the original terms. Thus, given the 2010 amendment on the pre-termination clause, I am allowed to pre-terminated upon due notice. Is my understanding correct?
I hope you can provide me legal guidance as the lessor in a letter consulted their legal counsel and said that the original term on pre-termination applies and therefore subject to penalty.
Thanks in advance.