what is a holdover tenant 
a holdover tenant is a renter who remains in a property after the expiration of the lease if the landlord continues to accept rent payments the holdover tenant can continue to legally occupy the property and state laws and court rulings determine the length of the holdover tenant s new rental term if the landlord does not accept further rent payments the tenant is considered to be trespassing and if they do not promptly move out an eviction may be necessary understanding holdover tenantslandlords who want to avoid the mistake of winding up with a holdover tenant should always include a clause in the original lease stating what happens at the end of the lease period in order to protect their property and interests a year long apartment rental lease for example might specify that when the lease expires it converts to a month to month lease if a landlord accepts rent from a holdover tenant the implications vary based on state and local laws in some cases accepting payment resets the lease term to illustrate if the original lease was for a year a new year long lease starts when the landlord accepts a rent payment after the first lease has expired in other cases accepting payment from a holdover tenant triggers a month to month lease to remove a tenant from a property a landlord must initiate a holdover proceeding which essentially is an eviction case that is not based on missed rent payments this is a process that is usually handled in eviction or small claims courts if a landlord wants a holdover tenant to vacate a property the landlord must not accept rent from the tenant and must treat them as a trespasser holdover tenant rightsholdover tenants have a tenancy at sufferance the term sufferance means the absence of objection without genuine approval and a tenancy at sufferance is the opposite of a tenancy at will where a tenant occupies the property with the consent of the owner but generally without a written contract or lease tenancy at sufferance on the other hand refers to holdover tenants of an expired lease who no longer have the landlord s permission to remain in the property but have not yet been evicted 1 