What is holdover tenancy?

Holdover tenancy refers specifically to a situation where a tenant continues to occupy rental property after the lease agreement has expired, and crucially, this occurs without the landlord's consent. This can happen when the tenant does not move out after their lease term is over, leading to a situation where the landlord must determine how to handle this unauthorized tenancy.

In many jurisdictions, holdover tenants may be treated as having an implied lease agreement, often at a month-to-month rental rate, contingent on local laws. This can create legal complexities regarding the tenant's rights and the landlord’s options for eviction or lease renewal.

Understanding holdover tenancy is important for both landlords and tenants, as it encompasses the potential repercussions for both parties related to occupancy, payment obligations, and legal proceedings for eviction if necessary.