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 Pennsylvania, addressing holdover tenancy in a lease is an important aspect of landlord-tenant relationships. Holdover tenancy occurs when a tenant continues to occupy the rental property after the lease term has officially ended, without the landlord's permission. This situation can create legal complexities and potential disputes, making it crucial for landlords and tenants to understand how Pennsylvania law addresses holdover tenancy in a lease. Under Pennsylvania law, if a tenant remains in possession of the property after the lease expires, without permission from the landlord, the tenancy is considered a "tenancy at sufferance," also known as a "holdover tenancy." In this scenario, the lease no longer governs the relationship between the landlord and tenant. However, it's important to note that if both parties agree to extend the lease term, the tenancy would not be considered a holdover. Pennsylvania's law provides options for landlords to address holdover tenancy. Firstly, a landlord can choose to accept rent from the tenant, which gives rise to a new periodic tenancy based on the rental payment frequency (e.g., monthly or weekly). By accepting rent, the landlord implicitly grants permission for the occupant to remain on the property. In this case, the terms of the original lease usually continue to apply, unless there is a new agreement or modification. Alternatively, the landlord may choose to file an eviction lawsuit to remove the tenant from the property. This legal process is known as a "landlord-tenant complaint." In Pennsylvania, the landlord must provide a written notice to the tenant, known as a "Notice to Quit," specifying the termination date. The length of this notice period depends on the rental payment frequency and ranges from 15 to 30 days, typically. It is important for both landlords and tenants to be aware of the potential consequences of holdover tenancy in Pennsylvania. If a tenant remains on the property without permission, the landlord may be entitled to recover not only the value of the unpaid rental period, but also damages caused by the holdover tenant. On the other hand, the holdover tenant may be responsible for extra expenses associated with finding alternative accommodation for the displaced landlord. Different types of holdover tenancy can exist in Pennsylvania, which can impact the legal process. For instance, there could be a situation where the tenant's overstay occurs because the landlord fails to communicate the lease termination effectively. In such cases, the tenant may argue "constructive eviction" or "waiver," claiming that the landlord's actions contributed to their continued occupancy. In conclusion, addressing holdover tenancy in a lease is an important consideration for both landlords and tenants in Pennsylvania. Landlords have the option to accept rent and establish a new periodic tenancy, or pursue eviction through legal channels. Understanding the specific rights and responsibilities pertaining to holdover tenancy is crucial to navigate potential disputes and ensure a smooth transition for both parties involved.
