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.
Maine Addressing Holdover Tenancy in a Lease
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FAQ
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.
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.
Holding over means to continue for a prolonged period of time. In the context of property law, ?holding over? is defined as the act of continued occupancy by the tenant of premises past the lease or agreement terms, with or without the consent of the landlord as cited in the case of Leone v. Bilyeu 238 S.W.
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.
Either the landlord or the tenant can choose to end the lease if the other party has "materially breached" the lease. This requires a written 7-day notice, served in-hand, or, after 3 good faith efforts, mailed by first class mail, with a copy left at the other party's home.
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.
Maine. Landlords in Maine can end a month-to-month tenancy without legal cause with a 30-day written notice.
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.
