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The mere expiration of the lease is not a reason to evict tenants under the Act. If, however, the tenants simply fail to pay the rent after a reasonable increase, the landlord may file an eviction action without the need for a notice to quit.
A holdover tenant is a tenant who stays in the rental unit after the lease expires. If the tenant continues to pay rent, the tenancy essentially becomes a month-to-month tenancy. A holdover tenant is legally allowed to stay in the rental unit as long as the landlord takes no action to remove them.
Avoiding Holdover Tenants Its best if you are able to avoid a holdover tenancy altogether. This way, you won't have to alter any of your rental business proceedings. You should remind your tenant that their lease is ending at least 60 days before the last day of the term.
So, first things first, you have to give your landlord written notice that you will be vacating the property. This is usually done around thirty days leading to the end of your lease and allows you to move out before the next rent cycle.
When a fixed term lease expires, a tenant can continue occupying the premises if the landlord agrees. This is called 'holding over' or 'over holding'. Most commercial and retail leases will contain a clause which refers to what happens if a tenant remains on the premises after the term ends.
No Obligation to Renew A lease agreement is a written contract between you and the landlord that specifies a certain amount of time, generally 12 months, that you agree to live there and pay rent. As the end of that term approaches, decide whether you'd like to stay.
If you don't vacate the property after receiving the initial notice, the landlord may file papers with your local court to have you evicted. Note that you should respond to any legal summons even if you've already moved out of the property.
The tenant may simply move out before the court date. The landlord may dismiss the case. If the tenant owes missing rent or money for rental house damages, the landlord may ask the court to convert the case to a regular civil case. Therefore, the tenant should work things out in addition to moving out.
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