Landlord Tenant Holdover Tenancy Law and Legal Definition

A holdover tenancy is the situation when a tenant of real estate continues to occupy the premises without the landlord's consent after the original lease or rental agreement between the landlord and the tenant has expired. A tenant in this situation is also referred to a tenant at sufferance. The tenant is responsible for payment of the monthly rental at the existing rate and terms, which the landlord may accept without admitting the legality of the occupancy. If a holdover tenant is does not leave after a notice to quit (move out), he/she is subject to a lawsuit for unlawful detainer. A holdover differs from a tenant at will in that the latter has permission of the landlord to stay beyond the expiration date of the agreement, while the holdover tenant does not.