This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
Hawaii Holdover Tenancy in a Lease: Understanding the Addressing and Types In Hawaii, addressing holdover tenancy in a lease is a crucial aspect of landlord-tenant relationships. Holdover tenancy occurs when a tenant continues to occupy the rental property after the lease term ends without the landlord's explicit permission. This situation poses legal complexities and concerns, making it essential for both landlords and tenants to comprehend how Hawaii addresses holdover tenancy in a lease. Hawaii Revised Statutes provides guidance on addressing holdover tenancy, specifically under §521-71. According to this statute, a tenant who remains in possession of the rental unit beyond the lease term without obtaining the landlord's consent, either implicitly or expressly, becomes a "tenant at sufferance." In other words, they are occupying the premises without legal right. Hawaii distinguishes between two main types of holdover tenancy: tenancy at will and tenancy at sufferance. 1. Tenancy at Will: If a landlord allows a tenant to remain on the premises after the lease agreement expires, without executing a new lease or agreeing on new terms, a tenancy at will is created. This type of tenancy is perceived as a continuation of the original lease's terms on a month-to-month basis or the established rental payment frequency. However, because it is governed by an implied agreement, it lacks the security of a formal lease agreement. In such cases, anyone party can terminate the tenancy by providing proper notice as defined by Hawaii law. For example, a 45-day written notice is generally required when terminating a month-to-month tenancy. 2. Tenancy at Sufferance: In contrast, a tenancy at sufferance occurs when a tenant overstays the agreed-upon lease term without the landlord's permission. The tenant is considered to be occupying the premises unlawfully. In such cases, the landlord has the right to take legal action against the tenant, such as eviction. However, it is advisable for the landlord to provide notice to the tenant asking them to vacate voluntarily before pursuing legal action. Addressing holdover tenancy in Hawaii requires careful adherence to the law to protect the rights of both landlords and tenants. Regardless of the holdover scenario, it is always recommended seeking legal advice to ensure compliance with Hawaii's specific regulations. By understanding these nuances, both landlords and tenants can strive for a fair and mutually beneficial resolution to the holdover tenancy situation.
