The Real Estate Encyclopedia & Blog

Holdover Tenant

by | Feb 4, 2026

In real estate law, a Holdover Tenant is a tenant who remains in possession of leased property after the lease term has expired. The tenant originally occupied the property lawfully but no longer has a current lease agreement.

A landlord may choose to treat the holdover tenant as a trespasser and pursue eviction, or accept continued occupancy and create a new tenancy, often under the same terms as the expired lease. The rights and obligations of both parties depend on state law and the landlord’s response to the holdover.