leasing
holdover tenant
A holdover tenant is a tenant who stays in possession after the lease has expired. If the landlord does not consent, the tenant has a tenancy at sufferance and may be evicted. If the landlord accepts rent, a periodic tenancy, often month to month, may be created depending on state law. Some leases set a higher holdover rent to discourage staying past the term.
- Exam tip
- Holdover without consent is a tenancy at sufferance; accepting rent may create a periodic tenancy. Watch for that change in exam scenarios.
- Example
- A lease ends June 30, the tenant stays into July, and the landlord cashes the July rent check, likely creating a month-to-month tenancy.
Related terms & state variants
Sources
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Last verified: 2026-10-23