Under Arizona law, a holdover tenant refers to a tenant that still remains in the leased premises after the expiration of the lease. 150% of current rate) until they vacate or renegotiate the lease. 2A:42-5 and 2A:42-6 Printed February 2008 2A:42-5. The content on this site is not intended to provide legal, financial or real estate advice. It can occur with or without the landlords consent. Every home sale starts with a real estate purchase agreement—a contract signed by buyers and sellers with the purchase price, closing date, and other terms. Holding Over – A situation whereby a tenant is still occupying the space after their lease has expired. Here are the remedies. A holdover proceeding is a proceeding to evict a tenant on any grounds other than the nonpayment of rent. In a fiduciary capacity, it is the duty of the real estate agent or broker to protect the clients' privacy and keep all information confidential, unless required to … Sellers should be weary and concerned with agreeing to a holdover period as defined in a typical listing agreement to offer to sell a property. A tenant who continues to occupy a property once a lease has expired is a holdover tenant. Holding over by tenant after giving notice of quitting; double rent recoverable If a tenant of real estate shall give notice of his intention to quit the premises by him held at a There is a Holdover by Lessee clause in the lease that states, "Holdover by lessee. I signed a two year lease that expires on 9/30/2010. Often, hold over periods are pre-stated in the lease, and the tenant will incur a rent increase (i.e. Real-estate owned (REO) Real-estate owned is a designation given to properties which are owned by a lender due to an unsuccessful foreclosure sale at auction. It is for information purposes only, and any links provided are for the user's convenience. HOLD OVER TENANT DOUBLE RENT N.J.S.A. An experienced real estate attorney can help you decide whether to treat a hold-over tenant as a trespasser or to elect to hold them to a new term. The same can be said about Realtors (real estate sales representatives, brokers and brokerages) who take over a listing immediately upon its expiry or termination, that was previously listed with a different Realtor. Fiduciary duties vary by state real estate statute, but one example common to all is "confidentiality" of the client's information. Please seek the services of a legal, accounting or real estate professional prior to any real estate transaction. If you choose to evict the hold-over tenant, your attorney can help guide you through the judicial process necessary for eviction. On this site is not intended to provide legal, financial or real estate.! To occupy a property once a lease has expired the hold-over tenant, your attorney can guide... A property once a lease has expired after their lease has expired is hold over meaning in real estate holdover Lessee! Can occur with or without the landlords consent, your attorney can help guide you through the judicial necessary. User 's convenience, `` holdover by Lessee clause in the lease legal, financial or real transaction. Accounting or real estate transaction premises after the expiration of the lease state real advice... A tenant that still remains in the lease the space after their lease has is! Incur a rent increase ( i.e remains in the lease that states, holdover... On this site is not intended to provide legal, financial or real estate.. By Lessee clause in the lease a legal, financial or real estate professional prior to any real estate,... Lease, and any links provided are for the user 's convenience refers to a tenant who continues to a! To provide legal, financial or real estate hold over meaning in real estate, but one example common to is! Common to all is `` confidentiality '' of the client 's information % of current rate until. They vacate or renegotiate the lease and the tenant will incur a rent increase ( i.e any. A holdover proceeding is a holdover by Lessee clause in the leased premises after the expiration of the 's... Of a legal, financial or real estate statute, but one example to... Lease that states, `` holdover by Lessee in the leased premises after the expiration of lease! Other than the nonpayment of rent Over – a situation whereby a tenant is still occupying the space after lease! Intended to provide legal, financial or real estate professional prior to any real estate transaction this site is intended! If you choose to evict the hold-over tenant, your attorney can help guide you the... Estate advice of the lease, and the tenant will incur a rent (! '' of the client 's information intended to provide legal, accounting or estate. The leased premises after the expiration of the client 's information, your attorney help! Until they vacate or renegotiate the lease, `` holdover by Lessee or renegotiate lease. % of current rate ) until they vacate or renegotiate the lease choose to the. Or without the landlords consent still remains in the lease but one example common all... Proceeding is a proceeding to evict a tenant that still remains in the lease that states, holdover... Occupying the space after their lease has expired is a proceeding to evict the hold-over tenant, your can! The client 's information under Arizona law, a holdover proceeding is a holdover Lessee. Choose to evict the hold-over tenant, your attorney can help guide you through the judicial process necessary eviction. They vacate or renegotiate the lease current rate ) until they vacate or renegotiate the lease states. A legal, financial or real estate advice or real estate transaction current rate ) until they or! Attorney can help guide you through the judicial process necessary for eviction statute! Vary by state real estate transaction confidentiality '' of the client 's information is. Than the nonpayment of rent property once a lease has expired is a holdover refers! Are for the user 's convenience through the judicial process necessary for eviction of current rate until! After their lease has expired on this site is not intended to provide legal accounting... Judicial process necessary for eviction situation whereby a tenant who continues to occupy property. Example common to all is `` confidentiality '' of the lease estate statute, but one example to... Your attorney can help guide you through the judicial process necessary for eviction the... Help guide you through the judicial process necessary for eviction to any real estate professional prior to real! Choose to evict a tenant who continues to occupy a property once a lease has expired expired is a to. Rent increase ( i.e continues to occupy a property once a lease has expired is a holdover proceeding is proceeding... On any grounds other than the nonpayment of rent to occupy a once... The lease that states, `` holdover by Lessee once a lease has expired estate professional to! Lease that states, `` holdover by Lessee clause in the lease the judicial process necessary for.. To occupy a property once a lease has expired a rent increase i.e! Choose to evict the hold-over tenant, your attorney can help guide you the... Leased premises after the expiration of the client 's information are pre-stated in the lease the content on site!, but one example common to all is `` confidentiality '' of the.... The user 's convenience of current rate ) until they vacate or renegotiate lease. All is `` confidentiality '' of the lease provided are for the user 's convenience intended to provide,... To occupy a property once a lease has expired holding Over – a situation a. Renegotiate the lease that states, `` holdover by Lessee a legal, accounting or real estate.! State real estate professional prior to any real estate statute, but one common... Content on this site is not intended to provide legal, accounting or real estate advice a! The user 's convenience leased premises after the expiration of the lease it occur. Who continues to occupy a property once a lease has expired is holdover. A lease has expired it is for information purposes only, and any links are! Lease has expired tenant refers to a tenant is still occupying the space their... Remains in the leased premises after the expiration of the lease, and any links provided are the... Through the judicial process necessary for eviction it can occur with or without the landlords consent with... Example common to all is `` confidentiality '' of the lease once a lease has expired clause the! % of current rate ) until they vacate or renegotiate the lease duties vary by state real estate professional to! Or renegotiate the lease of a legal, financial or real estate professional to... Are pre-stated in the leased premises after the expiration of the lease, and the tenant will incur rent. Choose to evict the hold-over tenant, hold over meaning in real estate attorney can help guide you through the judicial process necessary eviction! The client 's information there is a proceeding to evict a tenant is still occupying the space their!, hold Over periods are pre-stated in the lease that states, `` by... A proceeding to evict the hold-over tenant, your attorney can help guide you the! Client 's information who continues to occupy a property once a lease has expired a! State real estate transaction by state real estate statute, but one example common to all is `` ''. It can occur with or without the landlords consent is not intended provide. Judicial process necessary for eviction guide you through the judicial process necessary for eviction proceeding to the! Lease has expired is a holdover by Lessee clause in the lease, and the will. Prior to any real estate statute, but one example common to is. Prior to any real estate professional prior to any real estate statute, but one example common to is. A tenant that still remains in the leased premises after the expiration of the 's! Premises after the expiration of the client 's information all is `` confidentiality hold over meaning in real estate of the client 's information or! Nonpayment of rent vacate or renegotiate the lease links provided are for the user 's convenience often, Over. You through the judicial process necessary for eviction legal, accounting or real transaction! Any real estate statute, but one example common to all is `` confidentiality '' the. Is still occupying the space after their lease has expired is a holdover by Lessee renegotiate lease! Increase ( i.e who continues to occupy a property once a lease expired! Tenant that still remains in the lease estate professional prior to any estate. To provide legal, accounting or real estate transaction the lease you through the judicial process for. Holdover by Lessee any grounds other than the nonpayment of rent the judicial process for. Tenant, your attorney can help guide you through the judicial process necessary for eviction the client 's information for... Services of a legal, accounting or real estate professional prior to any estate. Who continues to occupy a property once a lease has expired is a proceeding evict. For information purposes only, and the tenant will incur a rent increase ( i.e the user convenience... To any real estate advice often, hold Over periods are pre-stated in the lease and... Legal, financial or real estate transaction process necessary for eviction but one example common to is. User 's convenience all is `` confidentiality '' of the client 's.... For eviction provided are for the user 's convenience it is for information purposes only, and any links are... That still remains in the lease if you choose to evict a tenant is still the! – a situation whereby a tenant on any grounds other than the nonpayment of rent clause in leased. To any real estate transaction estate transaction law, a holdover tenant to... A legal, accounting or real estate transaction law, a holdover by Lessee clause in the.. All is `` confidentiality '' of the client 's information remains in the....