Virgin Islands 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

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 ...

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.

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.

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.

A Holdover clause is common in a commercial lease. Basically it states that if the tenant does not vacate the space until after the termination date, they are responsible for a specific amount of additional rent. A holdover penalty is usually between 2 and 3 times the last (escalated) rent.

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.

A holdover clause is a provision in a lease agreement that allows the landlord to charge a higher rent or take other actions if the tenant stays beyond the lease term without renewing or terminating the contract. This clause can help the landlord protect their property rights and avoid losing income from a vacant unit.

The period of time in which a tenant remains in occupation of premises after a lease has expired. The tenant then occupies the premises subject to a periodic tenancy, the period usually being determined, in the absence of other agreement, by the timing of the payment of rent.

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Virgin Islands Addressing Holdover Tenancy in a Lease