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The holdover clause in a commercial real estate lease generally says that if the tenant stays in the space it is leasing after the lease expires, then the tenant must pay an increased rent above the rental rate at the time of lease expiration.
Let the tenant stay. A landlord who continues to accept monthly rent and allows the tenant to stay cannot later seek to evict the tenant on the basis of the holdover. Treat the tenant as a trespasser and seek eviction.
A tenant who remains beyond the end of a lease is considered a "holdover tenant," not a trespasser. Moreover, a tenant's refusal to pay rent may be a breach of the lease for which the landlord may recover damages, but it is not a trespass.The trespass laws provide no exception for relatives of the complainant.
As mentioned, if a Tenant holds over under its current business lease, the Landlord is not entitled to ask the Tenant to leave unless he has served a notice to quit of not less than six months and not more than 12 months and has proved one of the grounds for ending the arrangement under the 1954 Act, but what if the
Tenants in California can stay in a rental past their lease end date.But some tenants remain in their rental beyond the end of their lease and become what's known as holdover tenants. When that happens, landlords can choose to either evict them or accept the rent and let them stay as a month-to-month tenant.
Holding over is simply a tenant remaining in occupation of premises once the original term of their letting has come to an end. Holding over the risks. Holding over principally presents risks as a result of the lack of clarity on the legal position of the parties that it creates.
If the lease expired and the tenant won't leave you'll need to either file an eviction or let the tenant be. If you do nothing than the tenant will become a holdover tenant as discussed earlier in this post. If you're going to proceed forward with an eviction be sure to follow all the proper legal procedures.
A holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and state laws and court rulings determine the length of the holdover tenant's new rental term.