Pennsylvania Addressing Holdover Tenancy in a Lease

State:
Multi-State
Control #:
US-OL24031
Format:
Word; 
PDF
Instant download

Description

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.

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FAQ

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.

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.

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.

Tenants who stay within the rental premises even a day after their term ends may be evicted. The notice a tenant receives depends on their tenancy or lease term, which can include a 15-Days' Notice to Quit or a 30-Days' Notice to Quit.

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.

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.

How to Evict a Tenant Holding Over Issue Notice to the Tenant Holding Over. File an Unlawful Detainer Summons. Gather Documents and Appear in Court. Eviction ? Writ of Possession Granted.

At the end of the lease, neither party is legally obligated to renew the lease with the other party, but landlords need to take care that non-renewal decisions are not retaliatory or based on discriminatory reasons.

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Pennsylvania Addressing Holdover Tenancy in a Lease