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.
Kings New York Addressing Holdover Tenancy in a Lease
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FAQ
The terms holdover tenant and tenant at sufferance are often used interchangeably; is there actually a difference between these two things? As mentioned above, a holdover tenant is a tenant that stays beyond the lease period without the explicit permission of the landlord.
To start a holdover case, the landlord/owner must give you court papers called a Notice of Petition and Petition. The landlord/owner must give you the papers the right way (see page 6). The papers tell you the date, time and place (courtroom or Part) when you must come to court.
Holdover tenants become month-to-month if a landlord accepts rent. If a tenant continues to pay rent even after their lease is upand their landlord accepts itthen they are no longer a tenant at sufferance. Instead, they usually enter into a month-to-month tenancy.
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.
If your lease has expired and doesn't include an option to renew, the landlord doesn't have to renew the lease. However, most leases give the tenant an opportunity to 'hold over' the lease and stay in the shop on a month-to-month basis at the end of a fixed term.
A tenant who continues to occupy a residence after the term of the lease or rental agreement has expired, and without the consent of the landlord. To get rid of a holdover tenant, the landlord must give the tenant a notice to quit (get out).
A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case. A holdover proceeding can have many variations.
1a : postpone, defer. b : to retain in a condition or position from an earlier period. 2 : to prolong the engagement of the film was held over another week.
