Also known as: use and occupation · occupation of land
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A remedy allowing a landlord or incoming tenant to recover from a tenant who remains in possession after lease termination without consent. Recovery is measured by the prior rental rate or by a different reasonable rental value when independently proven.
A remedy allowing a landlord or incoming tenant to recover from a tenant who remains in possession after lease termination without consent. Recovery is measured by the prior rental rate or by a different reasonable rental value when independently proven.
Select any source to read its text and confirm it supports the definition.
Occupation of land with intent to control it that establishes a person as a possessor when no subsequent occupant asserts control.
Select any source to read its text and confirm it supports the definition.
Occupation of land with intent to control it that establishes a person as a possessor when no subsequent occupant asserts control.
Each sense below has its own examples, sources, and questions.
Umar Usmani leased a warehouse from United Bank under a one-year term ending March 31. After the term expired Umar remained in possession and continued storing inventory through April while United Bank had already leased the space to Urban Logistics beginning April 1. United Bank and Urban Logistics sued Umar for the value of the April occupancy. The court measured recovery at the prior monthly rent because no independent proof established a different reasonable value.
The landlord or incoming tenant recovers for use and occupation at the prior rental rate unless independent evidence proves a different reasonable rental value. The rule supplies a default measure to avoid valuation disputes while permitting adjustment when market facts establish a higher or lower value.
Supporting sources
Yes. The rule expressly grants the incoming tenant whose possession is blocked the same right to recover for use and occupation as the landlord. The incoming tenant may therefore sue the holdover directly for the reasonable value of the premises during the blocked period.
Supporting sources
A subsequent lease supplies evidence of reasonable value only when it independently demonstrates that the property's worth differs from the prior rate. Courts require proof separate from the new lease terms themselves. A single negotiated rate driven by the incoming tenant's unique needs does not automatically satisfy the independent-establishment requirement.
Supporting sources
Ulysses Ulrich left a fenced lot he had controlled for several years. No other person entered or asserted control over the lot. When a dispute later arose over maintenance obligations Ulysses was treated as the possessor because he had occupied the land with intent to control it and no subsequent occupant had taken over.
The person must occupy the land with intent to control it. Continued occupation after another party has departed satisfies the definition when no later occupant asserts control, even if the original occupant is no longer physically present.
Supporting sources