What characterizes a holdover tenant?

A holdover tenant is specifically characterized by their continued occupancy of a rental property after the original lease agreement has expired. This situation arises when a tenant remains in the property without the landlord's consent following the end of their lease term. In such cases, the landlord has several options, including accepting rent and continuing the tenancy on a month-to-month basis, or initiating eviction proceedings if they do not wish to keep the tenant.

The nuances of holdover tenancy can significantly affect both tenants and landlords. For instance, in many jurisdictions, a holdover tenant might have certain rights, which could complicate the eviction process. Understanding the nature of holdover tenancies is crucial for property managers, as they must navigate these situations carefully to ensure compliance with local laws and protect their interests.

In contrast, a tenant who has a new lease agreement, one who has been evicted before the lease expiration, or one who has a written agreement with the landlord do not fit the definition of a holdover tenant, as their situations do not involve remaining in a property after the original lease has lapsed.