Washington 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

RCW 59.18. 310 defines abandonment as when a tenant stops paying rent and reasonably indicates to the landlord, through words or actions, that they no longer intend to continue renting the unit. The landlord may claim abandonment if the tenant leaves for some period of time and does not pay rent.

The receiver, or any party in interest, upon order of the court following notice and a hearing, and upon the conditions or terms the court considers just and proper, may abandon any estate property that is burdensome to the receiver or is of inconsequential value or benefit.

Non-renewal of lease after the end of the rental period As long as the tenant does not violate any rules, they can stay until their rental period ends. However, tenants can be evicted if they stay in the property even a day after their written lease ends (and have not arranged for a renewal).

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.

RCW 59.18. 310 defines abandonment as when a tenant stops paying rent and reasonably indicates to the landlord, through words or actions, that they no longer intend to continue renting the unit.

If a landlord wants to evict a tenant for not paying rent, they must now give their tenant 14 days' notice to pay or vacate.

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

New laws affecting renters in Washington State in 2023 Within 30 days after a tenant moves out, the landlord must either return the full security deposit or give the tenant a written statement documenting why they kept some or all of it.

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Washington Addressing Holdover Tenancy in a Lease