The tenant argues that the landlord's acceptance of rent payments after expiration of the five-year lease term at the same monthly rate as the tenant paid during the lease term established the tenant as a month-to-month tenant not subject to the lease clause obligating it to pay use and occupancy of 2½ times the monthly rent if it held over. The argument disregards that the use and occupancy rate was not to take effect for a limited period of time after lease expiration...
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