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.
Addressing Holdover Tenancy in a Lease
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US-OL24031
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FAQ
Your landlord can end the let at any time by serving a written 'notice to quit'. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.
I am giving 1 month's notice to end my tenancy, as required by law. I will be leaving the property on (date xxxxx). I would like you to be at the property on the day I move out to check the premises and for me to return the keys. I also need you to return my tenancy deposit of (state amount).
You can immediately file an eviction if the tenant refuses to leave the property.If you took a rental payment from the tenant after their lease expired, you'll need to provide all the normal notices. When your tenant overstays their lease, you will still, however, be required to go through the normal eviction process.
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.
Explain the Situation Tell your tenant in straightforward terms what the problem is, and explain that they cannot stay on the property any longer. Describe the Consequences Calmly explain that they will be evicted with necessary court orders if they remain on the property.
Month to Month Agreements: For month to month agreements, it is generally accepted for the tenant to notify the landlord at least 30 days in advance of their desire to move. For example, if the lease ends on October 31, then the tenant should let the landlord know they want to move by October 1, at the latest.
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.
Make an appointment for handover with your tenants during which you will: check the property for damage using the inventory. take possession of the keys. agree (if possible) on how much of the deposit will be returned and in what timeframe.
You should say something like: I am giving 1 month's notice to end my tenancy, as required by law. I will be leaving the property on (date xxxxx). I would like you to be at the property on the day I move out to check the premises and for me to return the keys.
