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.
South Dakota Addressing Holdover Tenancy in a Lease
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US-OL24031
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FAQ
Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease. In this situation, the landlord may take steps to remove the tenant from the property or bind the tenant to a new lease.
Holding over means to continue for a prolonged period of time. In the context of property law, ?holding over? is defined as the act of continued occupancy by the tenant of premises past the lease or agreement terms, with or without the consent of the landlord as cited in the case of Leone v. Bilyeu 238 S.W.
Codified Law 43-32-35 | South Dakota Legislature. 43-32-35. Service animal documentation requirements. The supporting documentation shall confirm the tenant's disability and the relationship between the tenant's disability and the need for the requested accommodation.
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. The term sufferance means the absence of objection without genuine approval.
A holdover tenant can often be referred to as a ?tenant at sufferance? because their residence in the unit is completely under the landlord's control.
If you end your lease early under South Dakota's housing law you cannot be charged early termination fees or rent for the months after you move out. However, if you damaged the property or if you owe any back rent prior to leaving the property, you would still owe the landlord money to pay for the damage or back rent.
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.
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.
