ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Tenants

Can the tenant stay after the expiration of the lease?

A tenant who stays after the expiration of the lease is called a tenant at sufferance or holdover tenant. The landlord can sue for eviction or can choose to continue accepting rent, thus renewing the lease. The renewal will be on a month-to-month basis or for another year, depending on the terms of the lease and the provisions of the law. Moreover, a provision of the lease or a statute may give the landlord the right to charge double the current rent during the holding over period.

Since the landlord has the choice of eviction or renewal, the tenant who needs to stay past the expiration of the lease should try to negotiate an agreement with the landlord and get it in writing.