Puerto Rico Addressing Holdover Tenancy in a Lease

State:
Multi-State
Control #:
US-OL24031
Format:
Word; 
PDF
Instant download

Description

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.

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FAQ

Holdover Remedy A diligent tenant usually can negotiate the holdover rent to be 125-150% of the most recent base rent. A tenant should aim to keep the holdover provision to the smallest penalty as possible. An ideal provision would have holdover rent at 125% of base rent and no liability for consequential damages.

In commercial real estate, a holdover clause states that, should a tenant remain in the space beyond the lease's expiration date, they must then pay an increased rental rent until they leave the premises.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.

Typically, this period of time is 30 days to 150 days, after the expiration date of the listing period. Why should you care about a Holdover Clause? Let's say a house sells within its 30 day holdover period, and the homeowner has not relisted the property with a different real estate brokerage.

Example: ?Resident shall surrender possession of the Premises to Owner upon the effective date of any termination of this Agreement, and in the event Resident fails to do so Resident shall pay Owner rent (at month-to-month rates determined by Owner) for each day of such holdover, plus expenses or damages suffered by ...

Key Takeaways. A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.

In commercial real estate, a holdover clause states that, should a tenant remain in the space beyond the lease's expiration date, they must then pay an increased rental rent until they leave the premises.

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Puerto Rico Addressing Holdover Tenancy in a Lease