Glossary → Leases & Real Estate
Leases & Real Estate

Holdover Tenancy

What happens when a tenant stays after the lease ends.

A holdover tenancy arises when you remain after the lease term expires. Depending on the lease and state law, the landlord can treat you as a month-to-month tenant, or as a trespasser subject to eviction — and some leases impose steep holdover rent.

In practice

“Holdover rent shall be 150% of the monthly rent for each month Tenant remains.”

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The premium that surprises people

Many leases charge 1.5× to 2× rent for holding over. Check whether staying converts you to month-to-month (with normal notice rights) or triggers that penalty. If you might need extra time, negotiate the holdover terms before you are in them.

See this in your own document: run a free analysis — findings quote the exact language.

What it looks like in a real document

“Any holdover shall create a tenancy at sufferance terminable by Landlord at any time.”

“Tenancy at sufferance” means the weakest possible status — you can be removed with minimal notice. Know your end date and your options well before it arrives.