what is a holdover tenant

A holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the holdover tenant’s new rental term. If the landlord does not accept further rent payments, the tenant is considered to be trespassing, and if they do not promptly move out, an eviction may be necessary. Holdover tenancy exists in a gray area between a full rental contract and trespassing. To remove a tenant from a property, a landlord must initiate a holdover proceeding, which essentially is an eviction case that is not based on missed rent payments. If a landlord wants a holdover tenant to vacate a property, the landlord must not accept rent from the tenant and must treat them as a trespasser. Holdover tenants have a tenancy at sufferance, which means their occupancy lacks genuine approval from the landlord. The duration of the holdover tenants new rental term is determined by state laws and court decisions.