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.
When it comes to addressing holdover tenancy in a lease agreement in Oklahoma, it is essential for both landlords and tenants to understand their rights and responsibilities. Holdover tenancy refers to a situation in which a tenant continues to occupy the rental premises after the expiration of their lease term, without the landlord's explicit permission. This can create complications for both parties involved and can impact the validity of the lease. In Oklahoma, there are primarily two types of holdover tenancy that may be addressed in a lease agreement: tenancy at sufferance and tenancy at will. 1. Tenancy at Sufferance: This type of holdover tenancy occurs when a tenant remains on the premises without the landlord's permission after the lease term ends. The tenant is essentially "holding over" the property against the landlord's wishes. In this case, the landlord may treat the tenant as a trespasser and initiate eviction proceedings. To handle tenancy at sufferance, it is crucial for landlords in Oklahoma to clearly include specific language in the lease agreement. This language should state that no tenancy will be created or extended beyond the lease expiration date without the landlord's explicit consent. Additionally, a clause can be included specifying the consequences for tenants who continue to occupy the premises without permission, such as increased rent or legal action. 2. Tenancy at Will: This type of holdover tenancy arises when a tenant remains on the premises with the landlord's permission, although no new lease agreement has been signed. The tenant continues to pay rent and the terms of the previous lease generally continue to apply. However, as the arrangement is informal, either party can terminate the tenancy at will by providing written notice. To address tenancy at will in Oklahoma, it is advisable for landlords to include a clause in the lease agreement specifying the terms and conditions that will apply in the event of a holdover. This can include a provision for increased rent during the holdover period or a requirement for the tenant to vacate the premises within a specific notice period. In conclusion, addressing holdover tenancy in a lease agreement in Oklahoma is crucial for both landlords and tenants to ensure compliance with the law and protect their rights. By including specific clauses and language in the lease agreement, landlords can clarify their expectations regarding holdover tenancy situations and outline the consequences for tenants who overstay their lease term without permission.
