What Is A Holdover Tenant? Reclaiming Leased Premises (2026)

What Holdover Tenancy Means

The phrase “holdover tenant” can have two meanings. Some states, like Delaware, define a holdover tenant as someone who wrongfully retains possession or exercises control over a rental unit after the lease is terminated or ends.

Other states define a holdover tenant as anyone subject to an eviction for any reason other than non-payment of rent. In New York, for example, landlords bring holdover cases to evict tenants for breaching leases, disturbing neighbors, or overstaying terms.

What Happens When a Landlord Accepts Rent?

In most states, accepting rent converts the holdover tenant into a lawful tenant. However, the new tenancy is typically month-to-month, unless otherwise agreed.

For example, suppose a tenant had a one-year lease. The landlord sent a notice to vacate before it ended. In the last month of the lease, however, the tenant sent, and the landlord deposited, a rent check. In most states, the one-year lease is converted into a month-to-month lease.

Holdover Tenant Rights and Tenancy at Sufferance

Even though the lease has ended, holdover tenants have the right to a judicial eviction so they can defend themselves. However, the judge hearing the eviction case could order the tenant to pay damages, including rent during the tenancy at sufferance, which refers to the time that the tenant remains in the property without a written lease.

Notice of Termination Requirements

The termination notice must comply with state law and the lease terms. State law usually sets the minimum notice period for terminating a lease.

For example, Connecticut does not set any minimum time to notify a tenant that the lease will not be renewed. However, if the tenant holds over, the landlord must send or post a notice. The landlord can file a complaint to evict the holdover tenant after waiting three days.

How to Evict a Holdover Tenant

States generally prohibit self-help evictions. Even though the holdover tenant is technically a trespasser, the landlord must still go through the eviction process to eject them.

The process in most states usually begins with an eviction notice. Many states require the landlord to wait before filing the eviction lawsuit so the tenant can move out or, in some states, cure by entering into a new lease.

If the tenant does not move out or cure, the judge can issue a writ authorizing local authorities to remove the tenant, using force if necessary.

Holdover Clauses That Protect Landlords

A holdover clause is a lease term that defines what happens at the end of the lease. It may impose penalties that discourage holding over. It can also require the tenant to pay the landlord’s legal fees to evict.

Dealing With Holdover Tenants

Landlords frequently deal with holdover tenants. Fortunately, the law is clear about the process for evicting them. Moreover, landlords can include holdover clauses in the lease to protect their financial interests during the holdover period.