Indiana Addressing Holdover Tenancy in a Lease

State:
Multi-State
Control #:
US-OL24031
Format:
Word; 
PDF
Instant download

Description

This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.

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FAQ

You can only end your fixed term tenancy early if your agreement says you can or by getting your landlord to agree to end your tenancy. If your agreement says you can end your fixed term tenancy early, this means you have a 'break clause'. Your tenancy agreement will tell you when the break clause can apply.

The Indiana landlord-tenant laws specify that tenants have the legal right to seek habitable housing without any kind of discrimination against them. Additionally, they have the right to request repairs for any damages that the premises have sustained.

Your landlord cannot turn off your utilities. You have the right to privacy in the rental premises. Your lease agreement likely says when your landlord may come into your home. Usually, lease agreements say that your landlord may come in to do emergency repairs, routine or needed maintenance, and inspections.

Indiana law requires a landlord to provide at least 30 days' notice to a month-to-month tenant to move off the property. If the tenant fails to move out by then, you can begin the eviction process in court.

A holdover tenant in a commercial lease is a tenant who remains in possession of a leased property after the lease agreement has expired. This can happen when the tenant continues to pay rent, and the landlord accepts the rent or when the tenant remains in possession of the property without the landlord's consent.

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.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.

A holdover tenant can often be referred to as a ?tenant at sufferance? because their residence in the unit is completely under the landlord's control.

If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered "constructively evicted," as described above; this would usually justify you breaking the lease without further rent obligation.

Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease. In this situation, the landlord may take steps to remove the tenant from the property or bind the tenant to a new lease.

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Indiana Addressing Holdover Tenancy in a Lease