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.
Kansas Addressing Holdover Tenancy in a Lease
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US-OL24031
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How to fill out Addressing Holdover Tenancy In A Lease?
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FAQ
58-2559. Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit.
Holdover Tenants A holdover tenant is a tenant that refuses to leave after their lease has expired. For ?holdover? tenants, landlords must serve them an X-Day notice to Quit as part of the Kansas eviction process.
58-2508. Termination of tenancy of less than three months for nonpayment of rent; notice. If a tenant for a period of less than three months shall neglect or refuse to pay rent when due, three days' notice in writing to quit shall determine the same, unless such rent be paid before the expiration of said three days.
If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.
Required Occupancy Inspection In fact, Kansas has a statute which requires a written occupancy inspection. Per K.S.A. 58-2548, within five days of the initial date of occupancy or once possession is delivered, the landlord and tenant must together inventory the premises.
58-2563 - Unlawful removal or exclusion of tenant; diminished services; damages; security deposit. 58-2564 - Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies.
(g) not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.
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.
