Legal Definitions - per tacitam relocationem

Per tacitam relocationem is a Latin legal principle that refers to the automatic renewal of a contract, most commonly a lease, when neither party has explicitly acted to terminate it by the agreed-upon deadline. It translates to "by tacit relocation," where "tacit" means something understood or implied without being directly stated, and "relocation" refers to the continuation or renewal of the agreement.

Essentially, if both parties continue to behave as if a contract is still in effect after its original term has expired, and neither has given the required notice to end it, the law may presume that the contract has been renewed on the same terms through their implied actions.

• Example 1: Residential Apartment Lease

  Imagine a tenant has a one-year lease for an apartment that is set to expire on July 31st. The lease agreement states that if neither the tenant nor the landlord provides 60 days' written notice to terminate, the lease will automatically convert to a month-to-month tenancy. If August 1st arrives, the tenant continues to live in the apartment and pays the usual rent, which the landlord accepts, without any new written agreement or termination notice from either side, then per tacitam relocationem, a new month-to-month lease is understood to be in effect. Their actions imply a continuation of the tenancy.

• Example 2: Commercial Office Space Lease

  A small marketing firm leases office space under a three-year contract. The lease includes a clause specifying that if the firm remains in possession of the premises and continues to pay rent after the three-year term, and the landlord accepts these payments, the lease will be deemed renewed for another year under the same conditions, unless either party provides written notice of non-renewal 90 days prior to the end date. If no such notice is given and the marketing firm continues to operate from the office, paying rent, then per tacitam relocationem applies, and a new one-year lease is formed by their implied agreement and conduct.

• Example 3: Equipment Rental Agreement

  A landscaping company rents a specialized wood chipper for a three-month period to complete a large project. The rental agreement specifies that if the equipment is not returned by the end date and the company continues to use it, paying the monthly rental fee, the agreement will automatically extend on a month-to-month basis until formal notice of termination is given. If the project runs slightly over schedule and the company keeps the wood chipper for an additional month, continuing to make the agreed-upon payments, then per tacitam relocationem dictates that the rental agreement has implicitly renewed for that extra month, based on their continued actions and acceptance of payment.