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.
New Jersey Addressing Holdover Tenancy in a Lease
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US-OL24031
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FAQ
A diligent tenant usually can negotiate the holdover rent to be 125-150% of the most recent base rent. A tenant should aim to keep the holdover provision to the smallest penalty as possible. An ideal provision would have holdover rent at 125% of base rent and no liability for consequential damages.
As long as the tenant does not violate any rules, they can stay until their rental period ends. But if they stay in the property even a day after their lease/rental agreement ends and have not arranged for renewal, landlords can issue a written notice to the tenant to move.
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.
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.
Non-renewal of the lease after the rental period ends New Jersey law states that landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.
Send a Notice to Quit ? tell the holdover tenant that they need to return possession of the property by a specific date. Send a Notice of Rent Increase and/or Lease Change ? Inform the holdover tenant of any changes to your lease terms including what the new rent will be and when it goes into effect.
WHAT IS A HOLD-OVER TENANT? Under New Jersey Law, year-to-year tenants tend to become month-to-month tenants once their lease expires. They continue on, much as they did before, the only exception being that the tenant can breach the lease and move-out with reasonable to notice to the landlord.
