Legal Definitions - holding over

In property law, holding over refers to a situation where a tenant continues to occupy a rented property *after* their lease agreement has officially ended, without having signed a new lease or formal extension. This continued occupancy can occur with or without the landlord's explicit consent.

Here are some examples to illustrate this concept:

• Example 1: Needing extra time to move
  Imagine a family whose one-year apartment lease expires on July 31st. They have found a new home, but it won't be ready for them to move in until August 5th. They inform their landlord and request to stay for an additional five days. Even if the landlord verbally agrees to this short extension, the family is technically "holding over" because their original, formal lease term has concluded, and no new written agreement covers those extra days.

• Example 2: Refusal to vacate after notice
  Consider a small business that has been renting office space under a three-year commercial lease. As the lease approaches its end, the landlord informs the business that they will not be renewing the lease and expects them to vacate by the expiration date. However, the business owner, facing difficulties finding a new location, refuses to move out on time and continues to operate from the premises. In this scenario, the business is clearly "holding over" against the landlord's wishes, remaining in the property beyond the agreed-upon lease term.

• Example 3: Landlord accepts rent after lease expiration
  A college student's nine-month lease for an off-campus apartment ends in May. The student decides to stay in the apartment over the summer. Without a new lease being signed, the student continues to pay rent in June, and the landlord accepts the payment. By remaining in the apartment and paying rent after the original lease expired, the student is "holding over." The landlord's acceptance of rent in this situation might legally transform the "holding over" into a new periodic tenancy, such as a month-to-month agreement, even without a formal new lease.