Nadel & Ciarlo, P.C.

What is a holdover eviction?

There is more to a holdover eviction than meets the eye. In short, this is a court case in which a landlord sues the tenant for the right to evict the person regardless of if the person is paying his or her rent.

While a landlord may be seeking rent as part of the court case, the primary goal of this person is to take over possession of the property.

Does a landlord need a reason?

Before taking a holdover eviction case to court, a landlord is required by law to ask the tenant to vacate the property. The reason for eviction, as well as the type of notice, is based largely on the type of agreement that is in place.

There are some cases in which a landlord does not require a reason to ask you to leave, such as:

  • You reside in a market rate property and do not have a lease in place
  • You are a guest, subtenant or anyone else not named on the lease and do not have a contract in place with the tenant

Unfortunately, a holdover eviction case can be every bit as confusing and challenging as it sounds. While you may understand your legal rights, it doesn't mean that the tenant will agree with the approach you are taking. This person may feel you are attempting to evict them for no good reason.

If you're interested in a holdover eviction the best thing you can do is learn more about the process and your legal rights. This will give you a clear idea of what to do next.

Source: Metropolitan Council on Housing, "Holdover Evictions," accessed Nov. 17, 2017

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