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LEGAL DICTIONARY

Holdover Tenants

A holdover tenant is a resident of a rental property who has stayed beyond their original residential lease agreement or rental contract. Having a holdover tenant on your property can require some special legal considerations, especially if you wish to end the tenancy.

There are a few important factors you need to know about managing holdover tenants that have remained in your rental unit. Additionally, you must consider a number of essential rights with regard to these residents.

Managing Holdover Tenants

There are a few different options available for landlords of holdover tenants. Choosing between these is an important consideration when you reach the end of your lease agreement with your property’s residents.

Holdover situations are quite common but they can provide difficulties for landlords if they want the tenant to leave. The choices for property owners and managers facing a holdover scenario include:

An Automatic Month-to-Month Lease Agreement

You can write a clause into a long-term lease that converts the contract into a month-to-month lease agreement. This means that the resident will revert to a periodic tenancy that renews on a monthly basis. This will maintain the terms of the current lease and can usually be ended quickly if you provide a months’ written notice.

An Eviction Procedure

A simple option to end a tenancy that is approaching a holdover situation, or is currently in one, is to issue an eviction notice. To do this you will have to provide the correct amount of days’ notice as specified by your local state’s laws as well as a valid reason to evict. You must also not accept any rent once the notice to quit is served.

Allowing the Tenant to Stay

It is also possible to allow the tenant to stay on the premises if they continue to pay rent and the landlord accepts it. However, it is sensible to ensure that a new written agreement is set in place to properly regulate essential matters such as the amount of rent and correct use of the property.

Holdover Tenants Rights

Holdover rights for tenants ultimately vary depending on your state’s laws and the terms of the contract that’s been signed with regards to a holdover situation. However, in all cases, you must provide sufficient notice to residents if you wish to end their tenancy.

Furthermore, a holdover tenant is still entitled to many of the same rights as a regular leaseholder of your real estate. It is still obligatory for the landlord to provide:

  • A safe and habitable environment
  • Utilities and other essential services
  • Notice before entering the property
  • The right to complain regarding health and safety violations.

A holdover tenant is a resident of a rental property who has stayed beyond their original residential lease agreement or rental contract. Having a holdover tenant on your property can require some special legal considerations, especially if you wish to end the tenancy.

There are a few important factors you need to know about managing holdover tenants that have remained in your rental unit. Additionally, you must consider a number of essential rights with regard to these residents.

Managing Holdover Tenants

There are a few different options available for landlords of holdover tenants. Choosing between these is an important consideration when you reach the end of your lease agreement with your property’s residents.

Holdover situations are quite common but they can provide difficulties for landlords if they want the tenant to leave. The choices for property owners and managers facing a holdover scenario include:

An Automatic Month-to-Month Lease Agreement

You can write a clause into a long-term lease that converts the contract into a month-to-month lease agreement. This means that the resident will revert to a periodic tenancy that renews on a monthly basis. This will maintain the terms of the current lease and can usually be ended quickly if you provide a months’ written notice.

An Eviction Procedure

A simple option to end a tenancy that is approaching a holdover situation, or is currently in one, is to issue an eviction notice. To do this you will have to provide the correct amount of days’ notice as specified by your local state’s laws as well as a valid reason to evict. You must also not accept any rent once the notice to quit is served.

Allowing the Tenant to Stay

It is also possible to allow the tenant to stay on the premises if they continue to pay rent and the landlord accepts it. However, it is sensible to ensure that a new written agreement is set in place to properly regulate essential matters such as the amount of rent and correct use of the property.

Holdover Tenants Rights

Holdover rights for tenants ultimately vary depending on your state’s laws and the terms of the contract that’s been signed with regards to a holdover situation. However, in all cases, you must provide sufficient notice to residents if you wish to end their tenancy.

Furthermore, a holdover tenant is still entitled to many of the same rights as a regular leaseholder of your real estate. It is still obligatory for the landlord to provide:

  • A safe and habitable environment
  • Utilities and other essential services
  • Notice before entering the property
  • The right to complain regarding health and safety violations.