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.
In Missouri, addressing holdover tenancy in a lease is an important consideration for both landlords and tenants. Holdover tenancy refers to a situation where a tenant remains in a rental property after their lease agreement has expired, without signing a new lease or obtaining permission from the landlord. This can pose various legal and practical challenges for both parties involved. When it comes to addressing holdover tenancy in a lease, there are several types or approaches that can be taken in Missouri. These include: 1. Including a Holdover Clause: Landlords in Missouri can include a holdover clause in the lease agreement, which clearly outlines the consequences and terms that will apply if the tenant overstays their lease. This clause may specify a daily or monthly holdover rent, typically set at a higher rate than the original rent, to compensate the landlord for the additional time the tenant occupies the property. 2. No Holdover Clause: In the absence of a specific holdover clause, Missouri law governs the rights and obligations of both parties. According to Missouri Revised Statutes Section 441.060, if a tenant remains in the property without the landlord's consent, the landlord can pursue legal action to recover possession of the premises and seek damages for the holdover period. 3. Month-to-Month Tenancy: If the tenant continues to occupy the premises after the original lease term has ended and the landlord accepts rent for the following month, this may create an implicit month-to-month tenancy. In this case, the terms of the original lease agreement often continue to apply until either party provides proper notice to terminate the tenancy. It is crucial for landlords and tenants to understand the implications of holdover tenancy in a lease in Missouri. For landlords, addressing holdover tenancy can help protect their property rights, minimize potential financial losses, and maintain control over their rental business. Tenants, on the other hand, should be aware of their legal responsibilities, potential rent increases, and the possibility of legal action if they choose to stay after the lease expires. Consulting a qualified attorney or seeking professional advice is highly recommended for navigating the specific nuances of addressing holdover tenancy in a lease in Missouri. Understanding the applicable laws, drafting clear lease agreements, and effectively communicating with tenants can help both parties avoid complications and ensure a smooth landlord-tenant relationship.
