What is a tenant holding over?

A “holdover” occurs when a tenant continues to occupy and use the premises after the term of the lease ends. If the landowner continues to accept rent payments, the holdover tenant can continue to legally occupy the premises.

What happens if one person on a lease moves out?

For example, if the lease is for 12 months and the other tenant moves out three months in, the remaining tenant will be required to pay for the remaining nine months. Joint and several liability, a legal term meaning that one tenant can be held liable for the entire agreement, results in any rule violation or breakage…

What happens if one tenant leaves before the end of the lease?

Because a lease is a written contract, the landlord can enforce it in court to get the remaining balance owed on the rental unit. The lease might have specific terms related to one or more tenants leaving before the end of the lease.

Can a landlord give you 30 days notice to move out?

For instance, the landlord may have to offer 30-days notice to terminate or change the lease terms, and a tenant can give a 30-day notice and move out. By accepting rent from the tenant after the lease has expired, the landlord may be consenting to a hold-over tenancy.

What happens if a tenant overstays their lease?

If you took a rental payment from the tenant after their lease expired, you’ll need to provide all the normal notices. When your tenant overstays their lease, you will still, however, be required to go through the normal eviction process.

Can a tenant break a month to month lease?

Breaking a month-to-month lease If your tenant has month-to-month or at-will tenancy, the amount of notice a tenant is required to provide you before breaking the lease will be subject to local law. Be sure to consult a local attorney to learn more about month-to-month leases in your area. Breaking a lease due to loss of wages

What happens if tenant does not move out at end of lease?

If the landlord does not like the existing tenant and wants to end the tenancy at the lease term, the landlord may have to take legal steps to re-gain possession, so it’s good to know well in advance what they may be facing.

What happens if I change the terms of my lease?

The terms of the original lease would still apply except as to notice to vacate or change the lease terms which would remain 60 days for the landlord and 30 days for the tenant.

Can a landlord extend the term of a lease?

If the language of the lease says that after expiration of the original term the parties have the right to extend under the same terms, acceptance of rent by the landlord extends the lease and all its terms including length of tenancy. In such a case no tenancyatwill is created.