This is the whole story, with exact wording from the lease:
(1). At one place, the language of the lease is (emphasis included): “Owner grants to Tenant the right to
renew this Lease for one additional period of one year upon the same terms and conditions,
including the same amount of rent. Tenant shall be required to give fifty (50) day's written notice to Owner, prior to the expiration of this lease, of its intent to exercise this option.”
That’s why I [tenant] want to "renew" the lease because the rent and other conditions remain the same for another one year during the time of “renew”.
(2). At another place in the lease, under a special conditions paragraph, the language of the lease is (emphasis included): “If the Tenant wants to further
extend this lease beyond the expiration date of this lease, Tenant must give a minimum of fifty (50) day's written notice to Owner, before the expiration of this lease, of Tenant's intent to further
extend this lease. Within seven days of that notice, Tenant and Owner must sign an agreement further
extending this lease if both the parties agree for all the terms and conditions (including the rent and duration) of that agreement.
For any reason, if an agreement by and between the Owner and Tenant, further extending this lease, is not signed by the date mm/dd/yyyy then there is no provision for further extension of this lease.
[....there are other special conditions not related to extend or renew....]
If any provision in this paragraph conflicts with any other provision at anywhere else in this lease, that provision in this paragraph shall govern and control.” [Note: the exact date is replaced by mm/dd/yyyy]
That’s why the owner wants to "extend" but not "renew" the lease so that he can increase the rent (and can demand other changes also) or can simply do not sign any agreement thereby send me out of the property once the current lease term expires.
(3). Florida law dictates as follows (I have evidences to prove that the law is still valid although it is bit old) (emphasis included):
Sisco v. Rotenberg, 104 So.2d 365 (1958) (Florida supreme court): we are in accord with the plaintiff in this case that if any distinction may have been made in any other court as to "renewal" or "extension" of a lease, this Court will not consider such distinction. As we agreed in Leibowitz v. Christo, Fla. 1954, 75 So.2d 692, the distinction between the meaning of those two words when used in leases is too refined and theoretical to be real, as a matter of law, in practical affairs. Further, we have noticed in our research on this case that courts frequently speak of the question herein involved in relation to a lease as extended or renewed, using both terms.
Woodard v. Hartley 596 So.2d 1114 (1992) (Florida 3rd district court): Under Florida law, no distinction is drawn between a "renewal" and an "extension" of a lease. Sisco v. Rotenberg, 104 So.2d 365, 370 (Fla. 1958); Leibowitz v. Christo, 75 So.2d 692, 693 (Fla. 1954) (the "distinction between the meaning of words renewal and extension was `too refined and theoretical to be real, as a matter of law, in practical affairs.'") (citation omitted); Strano v. Reisinger Real Estate, Inc., 534 So.2d 1214, 1215 n. 2 (Fla.3d DCA 1988), review dismissed, 542 So.2d 1334 (Fla. 1989).
(4). The following is the logical conclusion I am making from the above facts (request your valuable corrections):
(A). Based on Paragraph (3) above, “renew” and “extend” are the same.
(B). Paragraphs (1) and (2) above are contradicting with each other on renewal (i.e., extension). However, Paragraph (2) above will survive because it is an overriding clause.
Therefore, the value or effect of Paragraph (1) above is zero as if it is not there anywhere in the lease (I am unlucky).
(C). Therefore, I [the tenant] can legally stay in that property beyond the current lease expiration date
if and only if I send at least 50 day’s notice to owner, and we both agree and sign an agreement further extending (i.e., further renewing) this lease, by the date mm/dd/yyyy.
Please share your valuable opinion on this.
[Note: The current lease expiration date is around 80 days from now].
