Leases

Holdover tenant

A tenant who stays on after the lease term has ended

Possession without a current agreement. If the landlord accepts rent the tenancy commonly becomes periodic; if the landlord refuses it, the tenant holds an estate at sufferance and can be removed.

What accepting rent creates, and the procedure for removing a holdover, are set by state landlord–tenant law and differ from state to state.

How the exam asks about it

The fork is the landlord’s response, not the tenant’s intention. Accepting rent converts the holdover into a periodic tenancy; refusing it leaves an estate at sufferance.

Quick check: Holdover tenant

One question. Pick an answer to see the explanation.

Which term is being defined: “A tenant who stays on after the lease term has ended”?

Related terms

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