Also known as: holdovers · hold-over tenant
Written by attorneys · grounded in primary & secondary sources — see below
A tenant who remains in possession of leased property after the termination of the lease.
Hannah Hale vacated her apartment on the final day of her one-year lease but left personal belongings behind for two weeks. Hammer Construction, the incoming tenant, could not take possession. The landlord recovered compensation for the use and occupation of the unit during that period at the prior monthly rental rate.
Harriet Hamilton remained in her commercial space for ten days after her lease ended. Hudson Partners, the incoming tenant, incurred extra storage fees and lost business opportunities because it could not stock inventory on schedule. The landlord recovered those foreseeable special damages from Harriet.
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Heidi Henderson stayed in the storefront after her lease expired and refused to leave despite notice. The landlord changed the locks without a court order. The court later examined whether that self-help complied with the requirement of a speedy judicial remedy before any physical removal.
Hope Howard remained in her apartment while the landlord completed repairs required by code. Once the work finished, the landlord served notice and filed an unlawful detainer action. The court required the landlord to prove that Hope had received a reasonable opportunity to locate substitute housing before eviction could proceed.
A landlord may recover compensation for use and occupation at the prior rental rate or reasonable value. The landlord may also recover special damages the tenant could reasonably have foreseen. If the holdover is willful, some statutes permit recovery of up to three times the periodic rent.
Yes. When a tenant remains after lease expiration and the landlord accepts periodic rent payments, the law ordinarily treats the arrangement as a periodic tenancy measured by the rent interval. The tenancy continues until properly terminated by notice.
Self-help is available only when the controlling law permits it and a speedy judicial remedy exists. Courts generally disfavor self-help because it risks breaches of the peace. The landlord must usually pursue summary eviction proceedings instead.
A tenant who remains in possession and continues to use the premises is generally liable for the reserved rent. The tenant cannot withhold rent and still occupy the space unless the defect legally excuses performance. Continued operation weighs heavily against any claim of excuse.
…Trial is by the court unless either party demands a jury trial. § 566.07. Proceedings are stayed on appeal except as against a holdover tenant. § 566.12. Upon execution of a writ of restitution, the tenant is allowed 24 hours to vacate the property. We are mindful that by § 566.04 the summary remedy of §§ 566.02 to 566.17…