This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
Wyoming Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease
Category:
State:
Multi-State
Control #:
US-00867BG
Format:
Word;
Rich Text
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How to fill out Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?
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FAQ
Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease.
A ?holdover? occurs when a tenant continues to occupy and use the premises after the term of the lease ends. If the landowner continues to accept rent payments, the holdover tenant can continue to legally occupy the premises.
Constructive evictions occur when a landlord does not physically or legally evict a tenant but takes actions that interfere with the tenant's use and enjoyment of the premises significantly enough to constitute ?eviction in fact.? The doctrine of constructive eviction is based on a breach of the implied covenant of ...
California. In California, "if the landlord accepts rent from you after the end of your term, you will automatically become a holdover tenant" and "your new tenancy will be a periodic tenancy." [1] Under California law, a ?30 Day Notice to Quit? is required to evict a periodic tenant. [2].
When a tenant stays in a property beyond the expiration of the lease, what is that tenancy called? The answer is tenancy at sufferance.
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.
If a tenant remains in their unit past the end date on their lease without their landlord's consent, they become a holdover tenant (also known as a "tenant at sufferance").
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.