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.
When it comes to addressing holdover tenancy in a lease agreement in New Hampshire, it is crucial to understand the legal implications and available options. Holdover tenancy refers to a situation where a tenant remains in the rented property after the lease has expired without the landlord's explicit consent. To address this issue effectively, both landlords and tenants should acquaint themselves with New Hampshire's laws regarding holdover tenancy. In New Hampshire, there are two main types of holdover tenancy: tenants-at-will and tenants for a specific term. Each has its unique implications and rights. A tenant-at-will, also known as a month-to-month tenant, has an informal agreement with the landlord that automatically renews on a monthly basis until either party terminates the lease. In the case of holdover tenancy, if a tenant-at-will remains in the rental property, they will be subject to the terms outlined in the original lease agreement. However, the landlord can serve a written notice to terminate the tenancy, typically requiring a 30-day notice period. On the other hand, a tenant with a specific lease term has a fixed agreement for a specified period, such as one year. When this type of tenant remains in the property beyond the lease term, they are considered a holdover tenant, and different rules apply. In New Hampshire, if a holdover tenant with a specific term lease continues to occupy the premises without the landlord's consent, the landlord may offer them a new lease or choose to initiate eviction proceedings by filing a formal Notice to Quit. This notice typically stipulates a specific notice period (e.g., 7 to 30 days) within which the tenant must vacate the premises. It is essential for both tenants and landlords in New Hampshire to adhere to these legal procedures when addressing holdover tenancy. Failure to comply with the necessary steps could result in legal complications or disputes. Therefore, it is advisable to consult legal resources or seek professional advice to ensure full compliance with New Hampshire's laws. By understanding the rights and obligations of both parties, tenants and landlords can mitigate potential conflicts and maintain a harmonious leasing relationship.
