A situation arises when a lessee remains in possession of a property after the lease term has expired, without the landlord’s permission. This holdover period establishes a specific type of occupancy. The occupant, in this context, is technically a trespasser, but the landlord has the option to either evict them or accept rent, thereby creating a new tenancy. For example, if a one-year lease concludes on December 31st, and the tenant continues to reside on the premises without a renewed agreement or the landlord’s explicit consent, the status aligns with this form of occupancy.
This precarious position carries limited rights for the occupant. The occupant can be evicted at any time without notice, provided the landlord follows proper legal procedures. The landlord is not obligated to provide a formal lease or renew any prior agreements. Historically, this situation often occurred due to oversight or informal arrangements. However, modern legal frameworks increasingly emphasize the importance of clear communication and formalized agreements to avoid potential disputes and ensure clarity regarding occupancy rights and responsibilities.
