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By choosing a right of first refusal versus an option, the owner of the property has more control over the sale of their property, whereas with an option the holder can force the sale at will. With a Right of First Refusal, the holder must wait until the owner decides to sell the property.
Typically, a tenant is required to give written notice of their exercise of the option several months before the current term of the lease expires typically a period of time ending three to six months before expiration of the current term of occupancy.
An option contract is an agreement that lets you pay for the right to buy certain property in the future. Buying an option does not require you to buy the property. But if you later choose to, you can follow the steps in your option contract to require the owner to sell you the property.
Option clauses allow tenants to renew a lease, offering benefits for both parties if drafted clearly. Tenants must meet specific conditions and deadlines to exercise an option, or they lose the right to renew. Without an option clause, lease renewals require negotiation, which could result in higher rent or new terms.
There are many reasons why a Landlord and Tenant may choose to include an option in a commercial lease. The most common type of option is one that gives the Tenant the right to extend the lease term, usually for additional sometimes two or more terms of equal length to the original term.
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An Option to Renew clause allows a contract to be extended beyond its original term under specified conditions, typically at the discretion of one or both parties. It typically outlines the process for renewal, including notification requirements and any changes to terms or pricing.
The option fee grants the tenant the exclusive right to purchase the property and is typically non-refundable.
Quick Takeaways. In a lease option, the tenant pays an upfront fee, known as the option fee, which gives them the right to purchase the property at a later date. A lease option provides the opportunity to lock in a future purchase price.

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