Elements for a Commercial Lease

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JohnAndrew

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Elements of a commercial lease agreement;
Must there be acceptance from the landlord for an extension of an existing commercial lease to be valid? Tenant stated in an email that they desired to extend lease, however there is not evidence that landlord gave written approval. Does this make the lease voidable?
Original tenant subsequently subleased premises to Assignee. However the Assignment of Lease document mentioned the original lease agreement as an attachment however that original lease was never provide to the Assignee. Does this make the lease voidable?
Assignee signed the above Assignment of Lease document NOT in the present of a notary; subsequent copies of the Assignment of Lease on a separate last page contained a notaries stamp.
Is this ground for cancellation of the assignment?
 
Must there be acceptance from the landlord for an extension of an existing commercial lease to be valid?
That depends on the terms of the lease. If it as an option to extend, at the discretion of the tenant, then the landlord has no say in the matter.
Tenant stated in an email that they desired to extend lease, however there is not evidence that landlord gave written approval. Does this make the lease voidable?
It probably doesn't make it "voidable" - but whether or not the tenant's notice is effective as an extension depends on the terms of the agreement.
Original tenant subsequently subleased premises to Assignee. However the Assignment of Lease document mentioned the original lease agreement as an attachment however that original lease was never provide to the Assignee. Does this make the lease voidable?
Probably not. Whether the lease is voidable is between the landlord and the lessee. Whether or not the lessee effectively assigned the lease is probably irrelevant.
Assignee signed the above Assignment of Lease document NOT in the present of a notary; subsequent copies of the Assignment of Lease on a separate last page contained a notaries stamp.
Is this ground for cancellation of the assignment?
Maybe, maybe not. But if the parties to the assignment don't care, I don't know if the landlord would have standing to challenge the assignment.
 
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