Holdover Tenants: Definition, Rights, And More

Have you ever heard of a holdover tenant? If so, you’re likely not surprised to learn that they are legal. But if this is the first time you have ever heard of a holdover tenant, then you might be wondering what they are and why they matter.

In this guide, we will dig deep into this concept so you have an easy time going next time you read this term.

What is a Holdover Tenant?

A holdover tenant is a person who continues to occupy a rental property after the lease has expired and the landlord has given notice that the tenancy will end.

Holdover tenants can be difficult for landlords because they may not be responsible for paying rent or other costs associated with maintaining your property.

Rights Of The Landlord And The Holdover Tenant

A landlord cannot charge a holdover tenant more than the rent agreed upon in the lease. The landlord also cannot deny a holdover tenant access to the property or change locks on doors without giving them proper notice.

In some states, landlords must give an eviction notice before evicting their tenants who have stayed past their lease term or expired lease agreement.

This type of notice is called a “notice to quit” and tells you what day you must leave if you do not want to risk being evicted by a court order later down the road (which can be very expensive).

Are Holdover Tenants Legal?

Holdover Tenants are legal, but only if the landlord continues to accept rent payments. If a tenant stays in possession of a property after the lease has ended and refuses to leave, he or she is considered a “holdover” occupant.

 

If this happens, then your landlord will have no choice but to continue paying you (or whoever it is) month after month until something changes and you’re evicted by court order or otherwise forced out of the apartment.

Holdover tenants can also be referred to as “month-to-month” tenants because they pay rent on a monthly basis rather than yearly as most leases do. However, some landlords prefer using the term “tenant at sufferance” instead since it better describes what these people are doing: suffering under your rule without any legal rights whatsoever!

How to Avoid Holdover Tenants?

If you’re a landlord, there are some steps you can take to make sure that your tenants leave when their lease ends.

 

• Create a Clear and easy-to-understand Lease: A good lease will clearly state what each party’s responsibilities are and will be easy for both parties to understand. This way, if something goes wrong in the future, there won’t be any questions about who is responsible or what should happen next.

• Cover all Tenants’ Rights in one Document: If multiple people live on the property with different leases, then each individual should have their own separate contract. So they know exactly what they’re getting into before signing anything else besides their own agreement with the landlord/property owner. Make sure everyone understands his/her rights under this new contract before signing it. Otherwise, there may be confusion later on down the road!

How To Evict A Holdover Tenant?

All holdover tenants are given a written notice to vacate. The landlord must serve this written notice on the tenant at least 14 days before the eviction date, which is also listed in your notice.

You must also state that if your tenant does not leave by that time. You will begin legal proceedings against them for unlawful detainer (eviction).

The type of holdover tenancy depends on whether or not it’s been renewed or extended by agreement between you and your tenant(s).

Final Thoughts

Hopefully, this article has helped you to understand what a holdover tenant is and how they can affect your rental property. If you are dealing with one, there are some things that you can do to get rid of them.

However, it’s important not to underestimate the power of these individuals because they may have more resources than expected – and that could make things difficult for anyone trying to evict them from their property!