Also known as: hold over · holds over · held over · holdover · holding-over · holdover tenancy · tenant holding over
Written by attorneys · grounded in primary & secondary sources — see below
A tenant's continued occupancy of leased premises after the expiration of the lease term. This conduct creates a tenancy at sufferance that exposes the tenant to judicial remedies for possession, liability for use and occupation at the prior rental rate, and special damages that were reasonably foreseeable.
Hope Howard's one-year lease with Hudson Partners ended on March 31. Hope remained in the office suite and continued operations without consent. Hudson Partners filed an action under local law to recover possession from the holdover tenant.
Henry Harrison's lease with Harbor National Bank expired. Henry stayed in the branch location while the bank negotiated with a new tenant. Because the jurisdiction provided a speedy judicial remedy, the bank could not change the locks or remove Henry's property without a court order.
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Hakim Hall's lease with Hyperion Systems terminated on June 30. Hakim continued using the warehouse for storage. Hyperion Systems recovered damages measured by the prior monthly rent because no election to create a new tenancy had been made.
Harper Hill's lease with Harbor Shipping ended. Harper remained in the loading dock for three weeks after the new tenant's scheduled move-in date. Harbor Shipping recovered the additional costs of temporary off-site storage that were foreseeable when Harper decided to hold over.
Hugo Hart's lease with Hudson Partners expired. Hudson Partners attempted to reenter the retail space by changing the locks at noon while Hugo's employees were inside. The reentry was improper because it created a reasonable risk of physical harm to occupants.
Hiroshi Hasegawa's lease with Harbor National Bank ended. The bank unilaterally elected to hold Hiroshi to another full year rather than seek immediate possession. Hiroshi vacated within the equitable extension period the bank had granted, avoiding liability for the new term.
The landlord or incoming tenant may pursue judicial remedies for possession under local law. The landlord may also recover for use and occupation at the prior rental rate and for foreseeable special damages caused by the holdover.
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Self-help is permitted only if the jurisdiction allows it and the reentry occurs within a reasonable time, without causing or threatening physical harm to occupants, and with reasonable care for the tenant's property. Any agreement waiving these limits is void.
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Damages are measured by the prior rental rate unless the landlord proves a different reasonable value. No election to create a new tenancy is required for this recovery.
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The landlord may recover damages the tenant could reasonably have foreseen would result from the holdover, provided the landlord could not reasonably have avoided them. Equitable considerations may relieve the tenant of some or all liability.
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Yes, the landlord or incoming tenant may elect to bind the holdover tenant to another term solely on the basis of the improper holding over, unless equitable considerations justify an extension of time to vacate.
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…and dispossession when his lease or rental agreement gives him the right to peaceful and undisturbed possession of the property. Holding over by the tenant beyond the term of his agreement or holding without payment of rent has proved a virulent source of friction and dispute. We think Oregon was well within its constitutional…