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.
Virginia Addressing Holdover Tenancy in a Lease
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FAQ
The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period. The landlord and the tenant may agree in writing to an early termination of a rental agreement.
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.
Terminating or Ending Your Tenancy If it is a month to month lease, 30 days is usually required. If it is a year's lease, the lease will usually state that your notice ? that you will not be renewing the lease ? must be given 30 or 60 days before the lease ends.
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.
Grace period not required, but usually 5 days. Courts usually allow late fee of 10% of the unpaid amount.
Non-renewal of lease after the end of the rental period As long as the tenant does not violate any rules, they can stay until their rental period ends. However, a tenant can be evicted if they stay in the property even a day after their written lease ends (and have not arranged for a renewal).
A holdover tenant owes a landlord rent for the period of occupancy after the lease expires. The law implies a contract to pay even if there is no oral or written agreement.
