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.
Tennessee Addressing Holdover Tenancy in a Lease: Understanding the Rules and Types Holdover tenancy in a lease refers to a situation where a tenant remains in possession of the rental property after the lease term has expired, without signing a new lease or obtaining the landlord's consent to continue occupying the premises. In Tennessee, there are specific rules and regulations governing holdover tenancy, providing clarity for both landlords and tenants. Tennessee's law regarding holdover tenancy primarily depends on whether the holdover tenant is considered a tenant at sufferance or a tenant at will. Let's delve into these two types: 1. Tenant at Sufferance: When a tenant remains on the property without any permissions, either explicit or implicit, from the landlord after the lease ends, they are considered a tenant at sufferance. In this case, the landlord can take legal action to remove the tenant and potentially claim damages. It is generally recommended for landlords to act promptly and commence eviction proceedings when a tenant becomes a tenant at sufferance. 2. Tenant at Will: A tenant at will refers to a holdover tenant who continues to occupy the property with the landlord's permission, either explicitly granted or inferred through acceptance of rent. In Tennessee, when a tenant-at-will situation arises, the terms and conditions of the original lease continue to govern the tenancy until they are modified, either through the creation of a new lease or a termination agreement. During this tenancy, either party may terminate the agreement by giving a notice period equal to the interval between rental payments (usually 30 days). For both types of holdover tenancy, it is crucial for landlords to understand their rights and legal options when addressing the situation. Taking appropriate steps promptly can help protect their interests and mitigate potential disputes. Seeking legal advice is often recommended ensuring compliance with Tennessee statutes. In summary, Tennessee's approach to addressing holdover tenancy in a lease encompasses two primary types: tenant at sufferance and tenant at will. Each type requires a different course of action for landlords, with tenant at sufferance generally necessitating eviction proceedings and tenant at will allowing the continuation of the original lease terms until a new agreement or termination is reached. By being informed and proactive, landlords can effectively manage holdover tenancy situations while safeguarding their rights and maintaining a positive landlord-tenant relationship.
