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What is a holdover tenant?
A holdover tenant is someone who stays in a rental after their lease has ended, without signing a new one. What happens next depends on the lease, on state law, and on what the landlord does.
In a little more detail
In many states, if the landlord keeps accepting rent, the tenant becomes a month-to-month tenant on the same terms. If the landlord wants them out, the usual path is a written notice and, if that doesn't work, the state's eviction process.
Some leases set a higher holdover rent to encourage tenants to either renew or leave on time. Landlords can't change the locks or remove belongings themselves. That has to go through the courts.
- A 12-month lease ends on July 31st. The tenant is still there on August 5th and pays August rent.
- The landlord accepts it. In many states, the tenant is now month-to-month.
- To end it, the landlord gives proper written notice under state law.
Things to watch
- Decide before the lease ends: renew, go month-to-month, or move out.
- Accepting rent can change what kind of tenancy you have. Check your state.
- Never lock a tenant out yourself.
The Lease Renewal Calculator compares renewing a tenant with finding a new one, so you can decide early.
This is a plain-English explanation, not legal advice. Rules vary by state and city, so check your local law or talk to an attorney before you act on it.
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