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.
North Dakota Addressing Holdover Tenancy in a Lease: Understanding the Provisions and Types of Holdover Tenancy A holdover tenancy refers to a situation where a tenant continues to occupy a rented property after their lease term has expired without entering into a new lease agreement with the landlord. In North Dakota, holdover tenancy in a lease is governed by specific provisions outlined under state laws. North Dakota recognizes different types of holdover tenancy, including: 1. Tenancy at Will: When a tenant continues to occupy the rental property without an existing lease agreement, they may be considered a tenant at will. This type of holdover tenancy is not specifically defined in North Dakota law, but it implies that the tenant continues to pay rent on a monthly basis and has not entered into any new lease agreement with the landlord. 2. Tenancy at Sufferance: In cases where a tenant remains in the rental property even after the lease term has expired, without any consent from the landlord, they may be classified as a tenant at sufferance. This type of holdover tenancy occurs when a tenant refuses to vacate the premises despite the lack of a valid lease agreement. Addressing Holdover Tenancy in a Lease: To address holdover tenancy in a lease agreement in North Dakota, landlords should consider including the following provisions: 1. Lease Termination Clause: This clause explicitly states the lease end date and emphasizes that the tenant must vacate the property by that date. It also highlights the consequences of remaining in the property after the lease term has expired, such as potential eviction proceedings or increased rent. 2. Holdover Provision: A holdover provision should outline the potential consequences of holdover tenancy, including the amount of additional rent the tenant will be charged, as well as any penalties or legal actions that may be taken against them. 3. Notice Requirements: The lease agreement should clearly state the notice period required for both the landlord and the tenant if either party wishes to terminate or renew the lease. This provision helps avoid confusion about the end date of the lease and allows for sufficient communication before the lease term expires. 4. Remedies and Legal Actions: Landlords may include information regarding their rights to pursue legal actions, such as filing for eviction or seeking damages, in the event of holdover tenancy beyond the lease term. This provision serves as a deterrent for tenants who may be tempted to continue occupying the property without permission. It is essential for both landlords and tenants to have a clear understanding of holdover tenancy and the rights and responsibilities associated with it. Seeking legal advice or consulting with a real estate professional is advisable when drafting lease agreements or dealing with holdover tenancy situations in North Dakota.
