Staying past the end of the lease (Holding Over) 2025

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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.
If a tenant remains in their unit past the end date on their lease without their landlords consent, they become a holdover tenant (also known as a tenant at sufferance).
How Long Does It Take to Evict a Holdover Tenant? The eviction process can generally last two weeks to several months, depending on the situation. Factors that can affect the timing of the eviction process include: When an official notice has been issued to the tenant.
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.
A holdover tenant is one who continues to stay on the premises once the lease has legally ended. Generally, theyre allowed to stay on the premises indefinitely under a variation of a month-to-month lease.
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Is a holdover tenant a squatter? These terms can get easily muddled, but the simple answer to a complex question is that holdover tenants can become squatters if the rightful owner takes legal steps to have them classified as such.

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