A situation arises when a tenant remains in possession of a property after the lease term has expired, without the landlord’s permission. This holdover period creates a specific type of occupancy. Unlike trespassers, these individuals initially held lawful possession. For instance, if a lease ends on December 31st and the tenant remains on the premises on January 1st without a new agreement or the landlord’s consent, such an arrangement may be established.
The significance of understanding this type of occupancy stems from its precarious nature and the landlord’s available remedies. The landlord can choose to either evict the tenant or accept rent, thereby potentially creating a new tenancy. Historically, this arrangement provided a temporary solution pending further agreement or legal action, preventing immediate vacancy while allowing the property owner to maintain control over the situation and explore options.