Holdovers

A holdover is a tenant who remains in a rental property after the lease has expired. The tenant may be a holdover because they have not found a new place to live, or because they are trying to negotiate a new lease with the landlord.

There are a few different ways that a holdover can be handled. The landlord may choose to evict the tenant, or they may allow the tenant to stay on a month-to-month basis. If the landlord allows the tenant to stay on a month-to-month basis, they may be able to increase the rent.

If the landlord chooses to evict the tenant, they must follow the proper legal procedures. In most cases, the landlord must give the tenant a written notice to vacate the property. The notice period will vary depending on the state, but it is typically 30 days. If the tenant does not vacate the property after the notice period has expired, the landlord may file an eviction lawsuit.

If the landlord is successful in evicting the tenant, they may be able to recover damages for any lost rent or damages to the property. The tenant may also be responsible for paying court costs and attorney fees.

It is important to note that there are some exceptions to the rules governing holdovers. For example, in some states, a tenant may have a right to remain in the property if they have been living there for a certain period of time. Additionally, some states have laws that protect tenants from retaliatory evictions.

If you are a tenant who is facing a holdover situation, it is important to speak to an attorney to learn about your rights and options.