Law Dictionary

overstay a lease

Once lease on a residential or commercial property expires and if a new contract is not signed the tenant becomes a holdover tenant. If no written contract is signed or a verbal agreement is not made, in most states, the lease becomes a month-to-month lease.



While not in writing, is still a lease by law, with certain rules attached. Even in the case when the lease is expired, the landlord cannot evict the tenant immediately, but is required by law to give notice (30 days notice in most states). So, even in the case where there is no written lease, the tenant still has a de facto lease (albeit a short term lease) with accompanying legal rights and obligations.



The landlord can end a month-to-month for almost any reason as long as they give a 30 day notice. The tenant can also leave with a 30 day notice.

Source : LawyerIntl.com

Language : English

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