What is a Holdover Tenant?
What is a Holdover Tenant?
A holdover tenant is a tenant who remains in a rental property after their lease has expired, without the landlord's explicit permission. In this situation, the landlord can either allow the tenant to stay under a new lease or month-to-month rental agreement, or they can take legal action to evict the tenant.
The key aspect is that the tenant continues to occupy the property after the end of the lease term, but without any formal renewal. In some cases, if the landlord accepts rent from a holdover tenant, it can be interpreted as consent to a month-to-month tenancy, depending on local laws.
Landlords generally have two options with holdover tenants:
- Treat them as trespassers and begin eviction proceedings.
- Treat them as tenants under a month-to-month agreement and continue collecting rent under new terms.
The specifics of how a holdover tenancy is handled can depend on the jurisdiction and the terms of the original lease.
