Tenant Holdover
Policy: Handling Holdover Tenants After Lease Expiration
Purpose:
To provide clear procedures for addressing situations where a tenant remains in possession of the property after the lease has expired without a formal renewal or extension.
Definition of Holdover
A holdover tenant is any occupant who remains in the property after the lease expiration date without a new lease or approved extension in place.
Step-by-Step Procedure
- Verify Lease Expiration:
Confirm the lease end date and that no renewal, extension, or communication regarding continued tenancy was agreed upon.
Confirm Key Return Status:
- Check if the tenant has returned the keys and vacated the property.
If not, proceed to step 3.
Attempt Immediate Contact:
- Call the tenant to inform them that their lease has expired and they must vacate the property immediately.
- Clearly state the consequences of failing to vacate (i.e., eviction for holdover status).
Be sure to log the call date/time and outcome.
Follow Up with Written Notice (Template Below):
- Send the following templated email:
Subject: Immediate Move-Out Required – Lease Expired
Hi [Tenant Name] & All Other Occupants,
This is a reminder that your lease for the property located at [Property Address] expired on [Lease End Date], and as of today, your occupancy is considered a holdover.
You are required to vacate the property immediately. Please return all keys by placing them in the lockbox located at the property. The lockbox code is [Lockbox Code].
If you have not vacated the property and returned the keys by the end of the day on [Final Move-Out Deadline, e.g., July 1, 2025], we will move forward with eviction proceedings due to holdover status.
Please notify us once you’ve vacated and returned the keys.
Thank you,
[Your Name]
[Company Name]
[Contact Information]
- Document Communication:
- Save a copy of the email and any responses.
Log the call, message, and status of the tenant's move-out.
Notify Leadership:
- Inform your supervisor if the tenant does not vacate by the deadline.
Begin preparing to file for eviction if necessary.
Initiate Eviction (if needed):
- File with the appropriate court or coordinate with legal support.
- Continue to document all steps taken.
Additional Notes
- Lease terms may include penalties such as daily holdover rent—review the lease for guidance.
- Do not negotiate extensions without supervisor approval.
- Always approach with professionalism and ensure fair housing compliance.