contract-law rental-property
Rental lease agreement, what does Provided Further mean?
<p>If someone recently purchased a house that has a tenant but would like to rent to a close young family member that recently moved to town. The lease agreement that was inherited from the previous property owner stated that:</p>
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<p>Lessor or Agent may terminate this lease upon 30 days' notice in writing prior to the next rent payment date to the address shown herein; PROVIDED FURTHER, that in the event Lessee terminates this Lease prior to first 12 months from the date this Lease is executed, such termination shall constitute a failure to comply with this Agreement and the Security Deposit shall be forfeited pursuant to the section on Security Deposit.</p>
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<p>What does &quot;<em>PROVIDED FURTHER</em>&quot; here mean? Does it mean the landlord is allowed to give 30 day notice <em>conditional</em> on the tenant not paying rent, or does it mean <em>in addition to</em>, such that the landlord can <em>unconditionally</em>  give 30 day notice to the tenant to move out, and if the tenant does not pay on time, the security deposit is forfeited?</p>

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<p>What does &quot;PROVIDED FURTHER&quot; here mean?</p>
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<p>The term keeps two provisions separate, and hence independent of each other (unconditional). The former provision addresses landlord's initiative [to terminate the lease] whereas the latter addresses tenant's initiative. The latter pertains to <em>early termination of lease</em> and is not to be confused with tenant's default/non-payment.</p>
<p>If rent is to be paid on the 1st of each month and the landlord wants the tenant to move out by August 13, the landlord needs to give a written notice at least thirty days prior to August 1 because the 1st of August is &quot;<em>the next rent payment date</em>&quot;. This is regardless of tenant's timely payment of rent.</p>
<p>Tenant's initiative to prematurely terminate the lease forfeits his security deposit regardless of having hitherto/always paid rent on time.</p>
