Legal Definitions - double rent

Double rent refers to a legal provision that allows a landlord to charge a tenant twice the amount of their regular rent if the tenant remains in possession of a property after their lease has expired and they have received proper notice to vacate.

This increased charge acts as a penalty for the tenant's unauthorized continued occupancy, often called "holding over," and aims to compensate the landlord for the inconvenience, potential loss of a new tenant, or other damages caused by the delay.

• Example 1: Residential Lease Expiration

  Imagine Sarah's one-year apartment lease officially ends on August 31st. Her landlord, Mr. Henderson, sent her a written notice 60 days in advance, reminding her to vacate by the end of August as he had a new tenant lined up for September 1st. However, due to unexpected moving complications, Sarah doesn't fully move out until September 10th. For those 10 days in September, Mr. Henderson could legally charge Sarah double the daily rent she was paying under her original lease agreement.

  This illustrates double rent because Sarah continued to occupy the property past her lease end date and after receiving proper notice, making her liable for the increased rental amount for the holdover period.

• Example 2: Commercial Property Holdover

  A small retail business, "Trendy Threads," had a five-year lease for its storefront that expired on March 31st. The property owner, Acme Properties, had given Trendy Threads a six-month notice that the lease would not be renewed as they planned extensive renovations starting April 1st. Despite the notice, Trendy Threads struggled to find a new location and didn't completely vacate the premises until April 15th. For the first 15 days of April, Acme Properties could demand double the monthly rent that Trendy Threads was paying under its expired lease.

  This demonstrates double rent in a commercial context, where the business's failure to vacate after the lease term and notice period triggers the penalty of paying twice the original rent.

• Example 3: Tenant Refusal After Property Sale

  Mr. and Mrs. Chen sold their rental house, and the new owner, Ms. Davies, intended to move in immediately after the existing tenant's lease expired on June 30th. The Chens provided the tenant with a legally required 90-day notice to quit, clearly stating the property needed to be vacant by June 30th. However, the tenant refused to leave and remained in the house for the entire month of July. Ms. Davies, as the new owner, could pursue a claim for double the previous monthly rent for July from the tenant.

  Here, double rent applies because the tenant unlawfully held over after their lease ended and proper notice was given, causing the new owner to be unable to take possession of their property.