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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:

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.

What does "PROVIDED FURTHER" here mean? Does it mean the landlord is allowed to give 30 day notice conditional on the tenant not paying rent, or does it mean in addition to, such that the landlord can unconditionally give 30 day notice to the tenant to move out, and if the tenant does not pay on time, the security deposit is forfeited?

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  • Note that the second part refers to termination, not non-payment of rent.
    – JBentley
    Jul 20 at 12:55
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What does "PROVIDED FURTHER" here mean?

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 early termination of lease and is not to be confused with tenant's default/non-payment.

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 "the next rent payment date". This is regardless of tenant's timely payment of rent.

Tenant's initiative to prematurely terminate the lease forfeits his security deposit regardless of having hitherto/always paid rent on time.

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