A tenant is a tenant who continues to occupy the premises even after the tenancy period has expired. The liability of a stay tenant depends on whether the tenant who remains in possession of the premises at the expiry of the tenancy agreement does so with or without the landlord`s consent. Correct note: A landlord must make a good communication before terminating a lease. Tenants should carefully read leases to see if they are required to make a written notice to terminate a lease. Holdover tenants in some states may be penalized financially because they stay beyond the lease deadline. In Illinois, a tenant may be charged double rent for a premeditated stay, despite the landlord`s written request to leave. In New York, a tenant may be charged double rent if they tell the landlord that they are retiring on a specific date and that they would not. If a retained tenant continues to pass, the lessor will likely have to initiate special legal proceedings, known as illegal detention action, to evict the tenant, as the landlord cannot resort to self-help to evacuate the tenant (for example.B. The change of locks and the removal of tenants` belongings. If the court rules in favour of the landlord, it will issue a property handwriting that will order the sheriff to remove the tenant from the building, but give the reluctant tenant five days to move voluntarily. If the tenancy agreement provides for a legal fee clause, the referring tenant is liable to the landlord for all damages as well as legal fees.
In the absence of a contrary provision, a tenant who has not obtained the landlord`s approval for overbooking may be considered by the landlord to be an offender. A tenant considered a transgressor is also liable to the landlord for the fair value of the premises and for any other damages that the lessor can recover from the tenant (p.B the loss of a new tenant). In addition, if the tenant has entered into a new tenancy agreement with another tenant for the premises, the new tenant may also be held liable for damage caused by the loss of use of the premises. Finally, if the tenancy agreement contains a compensation provision that will certainly include most commercial tenancy agreements, the tenant must compensate the landlord for claims arising from the tenant`s undue overcharging against the lessor (for example. B new tenant`s right against the lessor for non-delivery of the premises in accordance with the new rental agreement). A tenant (or someone who is in subsequent possession of the rental property, for example. B a subtenant or assignee) who, at the end of the tenancy period, is required to pay the lessor for any real damage caused by the operation. At least the tenant owes the rent for the duration of the business participation at the rate set out in the tenancy agreement. A “holdover” occurs when a tenant continues to occupy and use the premises after the tenancy period has expired. If the landowner still accepts rent, the owner can continue to legally occupy the premises. If this is the case and no new leases are developed, the length of the new tenancy period depends on the laws of each state and all relevant court decisions. If the landowner does not accept other payments, there may be evacuation procedures.
Landlords may also bring other remedies granted by the tenancy agreement or any other applicable right against a tenant in possession.