Holdover tenant
Page last updated: August 22, 2026 · How we source & update
A renter who stays in the unit after the lease term ends without signing a new agreement. In practice what happens next often turns on whether the landlord keeps accepting rent. It does not mean you have no rights: a holdover tenancy is still a tenancy, and removal still goes through the normal legal process.
Why does this matter to renters?
How you're treated — renewed month-to-month or subject to eviction — depends on your state and the landlord's response.
What does this look like in practice?
Staying past your lease end date without renewing can make you a holdover tenant.
What can I do if this comes up?
If your lease has ended and you are still there, ask the landlord in writing whether they are accepting rent on a month-to-month basis and keep proof of every payment. If you have received a notice to leave, compare it with your state rules and call legal aid, because staying after a valid notice can lead to a court case.