What are a landlord's options when a tenant holds over?
Asked by: Rhianna Murazik I | Last update: January 29, 2026Score: 4.4/5 (61 votes)
When a tenant holds over (stays past their lease), a landlord can choose to evict them by starting legal proceedings or keep them as a tenant, potentially converting them to a month-to-month agreement or a new lease, but should be cautious about accepting rent as it might imply lease renewal; the best action depends on the tenant's history and local laws, often requiring legal consultation.
How long can a tenant holdover?
Duration of a holdover tenancy
In a commercial lease, the holdover term is usually stated to be month-to-month (which means about 30 days notice to terminate) or tenancy-at-will (which means it can be terminated at any time). Depending on the lease, either or both parties may have the right to terminate.
What can't a landlord do in Hawaii?
In Hawaii, landlords cannot engage in illegal "self-help" evictions (like changing locks or shutting off utilities), discriminate based on income or protected classes, retaliate against tenants for exercising rights (like reporting habitability issues), harass tenants, or enter without proper notice (usually 2 days, except emergencies). They also cannot waive essential habitability responsibilities, enforce unreasonable late fees, or make unfair deductions from security deposits beyond normal wear and tear.
What does it mean when a tenant is holding over?
What is holding over? Holding over is simply a tenant remaining in occupation of premises once the original term of their letting has come to an end. Holding over – the risks. Holding over principally presents risks as a result of the lack of clarity on the legal position of the parties that it creates.
How does holdover differ from trespassing?
The duration of the holdover tenant's new rental term is determined by state laws and court decisions. However, if the landlord refuses to accept any more rent payments, the tenant is considered to be trespassing.
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How to keep trespassers off your property?
Plant borders around your property so potential trespassers cannot see into your property. For example, a nice combination of trees, shrubs, and warm season perennial grasses should work. Post signs about every 50 yards along the borders of your property.
What are the disadvantages of tenancy at will?
The disadvantages of a tenancy at will include: Either party can terminate the agreement at any time without notice, leading to uncertainty for both landlord and tenant. Tenants do not have the same rights as those with a formal lease, such as protection from eviction or automatic renewal.
What not to say to your landlord?
When talking to a landlord, avoid lying, badmouthing previous landlords, mentioning illegal activities, promising unrealistic payments (like cash or future crypto), or making excessive demands, as it signals you might be a problematic or unreliable tenant; instead, be honest about your ability to pay and respect lease terms to build trust and a positive relationship.
What is a holdover tenant called?
A tenant at sufferance refers to a situation where a tenant continues to occupy a rental property after their lease has expired, without the landlord's consent. This type of tenant is often called a holdover tenant.
What is the rule 7 in Hawaii?
"Rule 7 Hawaii" most commonly refers to Rule 7 of the Rules of the Supreme Court of the State of Hawaiʻi, which governs the limited practice of law by supervised law-student interns, allowing them to provide legal services under attorney supervision to improve access to justice and develop skills, though the specific context could also point to Honolulu's Bill 7 (Housing/Zoning) or Federal Rule 7 on pleadings in Hawaii's district courts.
What are red flags in a lease agreement?
Knowing when to walk away from a deal is crucial
Here are some red flags to watch out for when signing a lease: Unclear terms: Ensure every term in the lease is clear. Vague language can lead to misunderstandings about responsibilities and rights. Maintenance responsibilities: Check who handles repairs.
What is the most a landlord can raise rent in Hawaii?
In Hawaii, landlords can raise the rent by any amount and for any reason as long as they give proper notice, don't do so during the fixed term of a lease, and aren't doing so for certain discriminatory or retaliatory reasons.
What's the quickest way to get someone out of your house?
The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone. You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property.
What is a holdover penalty?
Holdover Rent Penalty is the penalty landlords charge when you stay in your space past your lease expiration. This rent penalty can be an additional 25-100% of your base rent, per month, for every month you continue to occupy the space.
What is a typical holdover period?
As you can see from the example above, a holdover clause deals with a period of time AFTER the expiry of the listing agreement. Typically, this period of time is 30 days to 150 days, after the expiration date of the listing period.
How long does it take to evict a holdover tenant?
Most states impose a 30‑day notice period, then add 14‑30 days for filing and judgment, as outlined in the Nolo eviction timeline guide. States like California and New York often push the total to 60‑90 days because of longer court processing and mandatory mediation.
Can you sue a tenant for emotional distress?
Can a landlord sue a tenant for emotional distress? The answer is Yes. You can sue a tenant for emotional distress only if the tenants actions are extreme, outrageous and cause serious mental suffering. However, it can be a complex and time-consuming process, and requires strong evidence to prove the claim.
How can a landlord lose an eviction case?
Reasons Why a Landlord May Lose An Eviction Case
This can include not serving the tenant with the proper notices or not filing the eviction paperwork correctly. Tenant Defenses: Tenants can raise valid legal defenses in response to an eviction lawsuit. These defenses can lead to a favorable outcome for the tenant.
What do landlords fear the most?
What Landlords Fear Most. We conducted a pre-Halloween survey where we asked the question, “What is the scariest part of being a landlord?” Of the options offered, ranging from tenant screening worries to foreclosures and finance, one area emerged as a strong concern: that a tenant would damage a rental unit.
What is the 50% rule in rental property?
The 50% rule is a real estate investing guideline estimating that about half of a rental property's gross income covers operating expenses (taxes, insurance, maintenance, vacancies, management), leaving the other half for the mortgage and profit, acting as a quick screening tool to avoid underestimating costs, though a detailed analysis is needed for actual investment decisions.
What decreases property value the most?
Deferred maintenance, major structural/environmental issues (like mold, radon, significant water damage), and poor curb appeal/sloppy DIY renovations decrease property value the most, often signaled by neglected repairs (roof, plumbing) and bad first impressions, making buyers fear costly hidden problems or a lack of care, while unusual customizations and negative neighborhood factors like proximity to certain industrial sites also significantly deter buyers.
What is the 90% rule in leasing?
The 90% rule in leasing, primarily under U.S. GAAP, is an accounting guideline to classify a lease as a finance lease (like a purchase) versus an operating lease, stating that if the Net Present Value (NPV) of lease payments is 90% or more of the asset's Fair Market Value, it's treated as a finance lease, reflecting that the lessee essentially buys the asset over the lease term. It's one of several criteria, but it remains a commonly used benchmark for "substantially all" of the asset's value, even with newer standards.
What is the best way to leave property to your children?
The best way to transfer property to children depends on your goals, but generally, using a Revocable Living Trust or a Transfer-on-Death Deed (TODD) (where available) are superior to gifting directly because they avoid probate, allow you to retain control, and often provide a crucial "step-up in basis" for capital gains tax purposes upon your death, minimizing taxes for your children. Gifting property now can trigger high capital gains taxes for your children later, while trusts offer control and tax advantages, but have upfront costs.
What rights does a tenant have?
As a tenant, you have the right to:
- live in a property that's safe and in a good state of repair.
- have your deposit returned when the tenancy ends - and in some circumstances have your deposit protected.
- challenge excessively high charges.
- know who your landlord is.
- live in the property undisturbed.