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Breaches, disputes & legal proceedings

Holdover Tenant

A tenant who remains in the rental property after the lease expires without entering a new agreement or exercising an agreed-upon option.

When a lease expires and the tenant stays without a formal extension, they become a holdover tenant. Under section 13 of the law, the landlord is entitled to charge up to 1.5 times the monthly rent for every month the tenant lingers. Because the occupant is illegally withholding the property, the landlord may seek an expedited eviction order in court.

It is worth noting that if a landlord accepts regular rent payments after the lease ends without objecting, this can be viewed as tacit consent to extend the tenancy under similar terms. Therefore, landlords who want a tenant to leave must object in writing beforehand and decline any subsequent payments.

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The information in this glossary is for general informational purposes only and does not constitute legal advice. In the event of a dispute or a specific legal question, consult an attorney specializing in tenancy law.

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