Definition
A holdover tenant may become a month-to-month tenant or be subject to a holdover rent premium, depending on the lease and state law. Accepting rent after the term ends often creates a new periodic tenancy by operation of law.
A tenant who remains after the lease term ends without a new lease.
A holdover tenant may become a month-to-month tenant or be subject to a holdover rent premium, depending on the lease and state law. Accepting rent after the term ends often creates a new periodic tenancy by operation of law.
A lease ended March 31 and the resident stays into April without a renewal — they are a holdover, and what happens next turns on the lease's holdover clause and local law.
Holdover is legal ambiguity you did not choose. The tenancy's length, the notice you owe, and the rent you can charge all become arguable, and the argument usually surfaces at the least convenient moment.
Avoid it with cadence rather than clauses: renewal outreach around sixty days before term end, decision by thirty, paperwork signed before the last week. Where a holdover has already happened, decide deliberately between a new fixed term and a documented month-to-month.
Accepting a rent payment without deciding what tenancy it creates, and relying on a holdover premium that local law will not enforce. Holdover rules and notice periods vary by state — confirm before you act on either path.
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