Holdover tenant : A holdover tenant is a tenant who stays in a property after the lease has expired.
If the landlord continues to take rent payments, the holdover tenant can continue to legally occupy the property, and the length of the holdover renter’s new rental term is determined by state laws and court judgements
If the landlord refuses to accept future rent payments, the renter is considered trespassing, and eviction may be necessary if they do not leave soon.
What Is a Tenant with a Long-Term Lease?
A holdover renter is someone who pays rent even after their lease has expired.
If the landlord does not agree, eviction proceedings may be initiated.
Holdover tenancy straddles the line between a full rental agreement and trespassing.
Even a one-sentence agreement protects all parties and should be considered.
The month-to-month rental clause found in most leasing agreements often mitigates this difficulty.
Tenants with a Long-Term Lease
To avoid ending up with a lingering tenant, landlords should always add a clause in the original contract outlining what occurs at the conclusion of the lease time to safeguard their property and interests.
A year-long apartment rental lease, for example, might indicate that it switches to a month-to-month lease after it expires.
The consequences of accepting rent from a lingering tenant vary depending on state and local legislation.
Accepting payment may reset the lease term in some situations. If the first lease lasted for a year, for example, when the landlord receives a rent payment after the first lease has expired, a new year-long lease will begin.
Accepting payment from a lingering renter can also result in a month-to-month contract.
A landlord must start a holdover procedure to evict a tenant from a property, which is effectively an eviction case that isn’t based on late rent payments.
This is a procedure that is normally addressed in small claims or eviction courts.
If a landlord wants a holdover renter to leave, he or she must refuse to pay rent to the tenant and treat them as trespassers.
Tenant Rights in the Event of a Holdover
Tenants with a holdover tenancy have a tenancy on pain of termination.
The term “sufferance” refers to the lack of genuine objection in the absence of genuine approval, and a tenancy at sufferance is the polar opposite of a tenancy-at-will, in which a tenant occupies a property with the owner’s consent but without a documented contract or lease.
Tenancy at sufferance, on the other hand, refers to tenants who have been given permission to stay in a property after their lease has expired but have not yet been evicted.
When a landlord wants to evict you as a holdover tenant, they must normally serve you with a notice of termination, albeit this is controlled by the state and can vary from state to state as indicated above.
The notice is what starts the holdover procedure. A notice of termination must be served in the following conditions in New York State:
Although your lease expired, the landlord/owner has continued to collect rent from you.
You do not have a written lease, but you pay rent on a monthly basis.
Even though your lease hasn’t expired, the landlord/owner wants to evict you.
- You live in a rent-controlled apartment.
- You are eligible for a Section 8 housing assistance.
It’s required by your lease
The notification must state the basis for the termination, the time by which you must vacate, and that if you do not comply by the deadline, the landlord will take legal action against you.
The expiration of a lease, poor tenant behaviour (for example, being too noisy or having an unapproved pet), being a subtenant without the landlord’s knowledge, being a squatter (moving in without the landlord’s knowledge), unreasonable refusal to allow the landlord access to the property, and having made unapproved physical changes to the premises are all possible reasons (such as putting up a wall).
If your lease has ended but you have stayed in the property without paying rent, you are not entitled to a notice of termination.
In that instance, a landlord can start a holdover without giving notice.
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