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A holdover clause is a provision in a commercial lease that outlines the conditions under which a tenant may remain on the leased premises after the lease expiration date. So, in other words, when the lease term ends and the tenant remains in the space without the landlords consent, they become a holdover tenant.
What is the holdover tenant law in Maryland?
8402. (a) (1) A tenant under any periodic tenancy, or at the expiration of a lease, and someone holding under the tenant, who shall unlawfully hold over beyond the expiration of the lease or termination of the tenancy, shall be liable to the landlord for the actual damages caused by the holding over.
How long can you be a holdover tenant?
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.
What is true about a holdover tenant?
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.
What is a complaint and summons against a tenant holding over in Maryland?
Complaint and Summons Against a Tenant Holding Over. A landlord files this when he or she alleges the tenant refuses to leave the property after the lease term has expired. The landlord can use this action to seek EVICTION and MONETARY DAMAGES. Attend the hearing if you want to defend the case.
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What is the statute for holding over a tenant in Maryland?
Statutes Text. 8402. (a) (1) A tenant under any periodic tenancy, or at the expiration of a lease, and someone holding under the tenant, who shall unlawfully hold over beyond the expiration of the lease or termination of the tenancy, shall be liable to the landlord for the actual damages caused by the holding over.
Related links
dccv080.pdf
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