What is a holdover tenancy?

Study for the 75 Hour Broker Pre Licensing Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A holdover tenancy arises when a tenant remains in possession of a rental property after their lease has expired, but continues to occupy the premises with the consent of the landlord. This situation indicates that while the formal lease has ended, the landlord has allowed the tenant to stay, which creates a new tenancy arrangement, often under the same terms as the original lease.

This type of tenancy can serve as a temporary arrangement while the landlord and tenant negotiate new lease terms, or while the tenant seeks alternative housing. It's important to note that the landlord’s consent is crucial in this scenario; without it, the tenant may be considered a trespasser.

This concept reflects the ongoing relationship between landlords and tenants, where flexibility in arrangements can benefit both parties during transitional periods. Understanding holdover tenancies is vital for those entering the real estate industry, as it can impact lease agreements and property management practices.

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