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 York Addressing Holdover Tenancy in a Lease
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US-OL24031
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FAQ
A holdover clause protects landlords if tenants fail to vacate their space promptly upon the lease's termination date. The clause's language states that if a tenant stays beyond the end of the lease, they have to pay an economic penalty.
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.
All holdover tenants are given a written notice to vacate. The landlord must serve this written notice on the tenant at least 14 days before the eviction date, which is also listed in your notice. You must also state that if your tenant does not leave by that time.
If the tenant does not vacate after the expiration of the thirty days, the landlord's counsel can proceed with a holdover eviction action in the appropriate local forum.
If the owner fails to provide a renewal lease, the tenant has a right to file a lease complaint by filing form RA-90, Tenant's Complaint of Failure to Renew Lease and/or Furnish a Copy of a Signed Lease, with the Office of Rent Administration (ORA). Tenants are required to sign and return the lease within 60 days.
All holdover tenants are given a written notice to vacate. The landlord must serve this written notice on the tenant at least 14 days before the eviction date, which is also listed in your notice. You must also state that if your tenant does not leave by that time.
You have defenses against a landlord who tries to evict you because you've complained, even if you live in an unregulated apartment. Your landlord doesn't have to renew your lease if you live in an apartment not protected by rent stabilization or rent control laws.
You may have a defense about the way the parties are listed on the Petition, like: ? Your name is not correct or is missing from the court papers. The Petitioner is not the landlord or owner of the building. information about rent regulation).
