A holdover tenant is a tenant who remains in possession after the lease or tenancy has ended.
Why It Matters
This situation matters because the law must decide whether the continued occupancy creates a new tenancy, an unlawful detainer case, or another possession dispute. The landlord’s response and the governing rules can change the outcome.
Where It Appears
Holdover issues appear after fixed-term leases expire, after termination notices, and during post-tenancy possession disputes.
Practical Example
A lease expires on June 30, but the tenant stays in the unit without a new agreement. The tenant may be treated as a holdover tenant.
How It Differs From Nearby Terms
A month-to-month tenancy may arise if the landlord accepts continued rent under applicable law. A holdover tenant describes the tenant’s continued possession after the original term ended. Unlawful detainer is often the legal action that can follow.
Related Terms
Knowledge Check
- What is a holdover tenant? It is a tenant who stays in possession after the tenancy or lease term has ended.
- Does a holdover tenant always become a month-to-month tenant? No. That depends on the governing law and how the landlord responds.