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.
Ohio Addressing Holdover Tenancy in a Lease
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US-OL24031
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FAQ
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.
The fact that the terms of the lease has come to an end does not mean that you have to leave the property. Unless you or your landlord takes specific steps to end the agreement under the lease, it will simply continue on exactly the same terms. You do not need do anything unless you receive a notice from your landlord.
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.
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.
Absent a provision in the lease, a landlord may treat a holdover ?tenant? as no tenant at all, but as a trespasser, and initiate eviction proceedings (after Ohio's ?Statutory 3-day Notice?). Alternatively, absent lease language, a landlord can treat the holdover as a tenant, and hold that person to a new lease term.
When a lease expires, both the lessor and the lessee have a few options available. The lessee can vacate or give up access to the property, or the two parties can agree to a lease renewal. This option may require some renegotiation of the terms of the new lease. The final option is to extend the lease.
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 either a 7-Day Notice to Quit or a 30-Day Notice to Quit.
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.
