(37) A tenant who remains in possession of the hotel room after the expiration of the deadline identified in these notices may be treated as a holdover tenant
. (38) In what can be considered a bright spot for the hotel, holdover tenants
may be subject to an action for eviction and for "double the amount of rent due on the [hotel room], or any part thereof, for the period during which the tenant refuses to surrender possession." (39) Furthermore, the hotel can recover attorneys' fees in such an action.
Specifically, the resident alleged that the property manager of the single family home she was renting sent her a letter stating that she was a holdover tenant
and that she should move to housing "designed for handicapped persons." The letter also stated that the home was "not designed for a handicapped person" and urged her to move out, while tenants at other properties were not given similar notices and were allowed to keep renting month-to-month.
Generally, she said, an owner might abandon the property, and a holdover tenant
will find himself not having to pay rent, but without heat and hot water.
14, 2002, and determined VMI was a holdover tenant
during this four-month period.
: A tenant who remains in possession of leased property after the expiration of the lease term.
1998) (the attorney's fees provision of the lease survived the expiration of the lease term for the holdover tenant
); Rosamond v.
These same rules apply to a holdover tenant
whose lease has terminated.
is a tenancy whereby a lessee retains possession of a leased property after the lease has expired and the landlord, by continuing to accept rent, agrees to the tenant's occupancy.
The case began in 1990, when the hotel owners sought to evict William Hargrove as a holdover tenant
who had long before ceased paying his $6 nightly rent.
Facing more than $12 million in tax liens and a Chapter 11 bankruptcy, the current owner, a holding company called Bridge Associates of SoHo, Inc., attempted to evict the residents from the property by arguing that they were holdover tenants
who had not paid rent in decades and therefore had no legal standing to be in the building.
The Welches are holdover tenants
with no legal rights to occupy or remain on the property."
Sheffield57 officials denied that Swig ever wanted to evict the tenants, and argued that holdover tenants
are normally required to vacate an apartment once a lease expires.