My lease agreement has a renewal clause (para 3 Lease Term): "This Lease Contract will automatically renew month-to-month unless either party gives at least 60 days written notice to vacate or intent to move-out as required by para 44 Move-Out Notice.
It also has a holdover clause (additional special provisions): "Residents who hold over after the termination of this lease, the tenancy shall thereafter be from month to month in the absence of any written agreements to the contrary.
It also has a rent clause (para 6 Rent and Charges): UNLESS MODIFIED BY ADDENDA, you will pay $xxxx per month for rent.
My landlord is trying to label me as a holdover to arbitrarily charge me a much higher rent, and I'm arguing that since they did not give me notice requesting me to move out by the original end date, the lease never terminated and has automatically renewed. As such, they cannot charge holdover fees.
Context: they have lied to me on multiple occasions, denying the month-to-month conversion, even calling it "illegal". They have sent me a new contract with an extra "Short-Term Lease" addendum to erase the automatic renewal clause (para 3), erase the 60-day notice requirement clause (para 44), and to increase the monthly rent (required by para 6). Of course, I did not sign this new contract, but this is why I feel like they cannot actually label me as a holdover. If they can, why would they lie to me and try to get me to sign this new contract?
Edit: I think this all depends on the definition of holdover. If I understand correctly, a holdover happens only when someone resides in a unit after losing legal resident status, which is literally why landlords have the legal right to evict tenants who are holding over. I don't think I am considered a holdover since my lease renews automatically without requiring new contracts. This means my landlord cannot add fees using holdover as an excuse, and they certainly cannot evict me.
Edit 2: Here's some more context. I had already decided to move out, I just needed 1 month extension. They told me I could do that, but it's an extra 500. I AGREED. I sent them an email saying let's do that. Then they said, actually, they can't do 1 month, I had to at least extend 3 months with 350 extra per month. I literally told them I was willing to do that, too, and they sent me a new 3-month contract. That's when I discovered that my contract actually auto-renewed month-to-month. In fact, the 3-month extension contract was identical and also had the same auto-renewal clause, but it had just 1 extra addendum that literally said: "the language of the auto-renewal clause is deleted in its entirety." Why would they try to undo the original contract if they could just unilaterally raise the rent? When I called them out, they changed their mind AGAIN. They said they would agree to a 1 month extension only, but I had to sign a new contract and pay the extra 500. Now I don't want to agree with anything anymore, cuz they have obviously been lying to me and doing business in bad faith.