Holdover Tenants: What Happens When the Lease Ends and the Tenant Stays
When accepting rent after a lease ends creates a month-to-month tenancy, and when a holdover owes double rent: New York, California and Florida rules.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: It depends on whether the landlord accepts rent. In New York, accepting rent after a lease of more than a month ends creates a month-to-month tenancy unless the parties agree otherwise. In California, accepting rent renews the lease on the same terms for the rent period, never more than a year. In Florida, a holdover without written consent is a tenancy at sufferance, accepting rent alone does not renew it, and a tenant who refuses to leave without permission can owe double rent.
Key takeaways
- New York: rent accepted after the term creates a month-to-month tenancy from the day after the lease ends (Real Prop. Law § 232-c).
- California: rent accepted after the term renews the lease on the same terms for the rent period, at most one month for monthly rent (Civ. Code § 1945).
- Florida: holding over without written consent is a tenancy at sufferance; accepting rent alone is not a renewal (Fla. Stat. § 83.04).
- Florida: a tenant who stays without permission may owe double rent for the holdover period (Fla. Stat. § 83.58).
- In just-cause places, the lease ending may not by itself be a ground to evict.
What is a holdover tenant?
A holdover tenant is one who stays after a fixed-term lease expires without a new lease. What the tenancy becomes depends on the state and, in most states, on one fact: whether the landlord accepted rent for a period after the lease ended. Everything else, from the notice needed to end it to whether the landlord can recover extra rent, follows from that.
| State | If the landlord accepts rent | If the landlord does not consent | Source |
|---|---|---|---|
| New York | A month-to-month tenancy beginning the day after the term, unless agreed otherwise | The landlord may remove the tenant by lawful process; holding over alone does not bind the tenant to a new term | Real Prop. Law § 232-c |
| California | Presumed renewal on the same terms for the rent period, at most a month for monthly rent and never more than a year | Ordinary eviction rules and notices apply | Civ. Code § 1945 |
| Florida | Not by itself a renewal; with the landlord’s written consent the tenancy becomes a tenancy at will | Tenancy at sufferance; the landlord may recover possession and double rent | Fla. Stat. §§ 83.04, 83.58 |
What is the rule in New York?
Where a tenant with a term longer than one month holds over, “such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant’s holding over.” The landlord may proceed to remove the tenant, or, “if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term” (N.Y. Real Prop. Law § 232-c). Ending that month-to-month tenancy then takes the notice New York law requires, and New York’s Good Cause law may limit the grounds where it applies (our Good Cause guide).
What is the rule in California?
“If a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one month when the rent is payable monthly, nor in any case one year” (Cal. Civ. Code § 1945). A landlord who wants the unit back must then give the notice and, where California’s statewide just-cause rules apply, the reason the law requires.
What is the rule in Florida?
When a written lease for a limited term expires and the tenant stays without a new written lease, “such holding over shall be construed to be a tenancy at sufferance. The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will” (Fla. Stat. § 83.04). If the tenant stays “without the permission of the landlord,” the landlord may recover possession through the eviction process and “may also recover double the amount of rent due on the dwelling unit … for the period during which the tenant refuses to surrender possession” (Fla. Stat. § 83.58).
Can a landlord evict just because the lease ended?
In many places, yes, after the right notice. But in states and cities with just-cause eviction rules, the end of a lease is often not a ground by itself; the landlord needs a listed reason. See which states require one in our state-by-state comparison.
How should a landlord handle a lease that is about to end?
- Decide before the end date whether to renew, go month-to-month or ask the tenant to leave.
- Put the choice in writing to the tenant, with any notice your state or city requires.
- Do not accept rent for a period after the lease ends unless you intend the consequences in your state.
- If a tenant will not leave, use the court process; never change the locks or remove belongings yourself.
Frequently asked questions
What happens if my lease ends and I stay?
It depends on the state and on whether the landlord accepts rent. In New York accepting rent creates a month-to-month tenancy; in California it renews the lease for the rent period; in Florida it does not renew the lease by itself.
Can a landlord charge double rent to a holdover tenant?
In Florida, yes, if the tenant stays without the landlord’s permission, for the period the tenant refuses to leave.
Does accepting rent after a lease ends renew it?
In California, it presumes a renewal for the rent period. In New York it creates a month-to-month tenancy. In Florida it does not, unless the landlord consents in writing.
State-by-state rules
- How much notice must a landlord give to end a tenancy? — compared across 47 states and the District of Columbia
- Does a landlord need a reason to evict a tenant? — compared across 4 states and the District of Columbia
Sources
- N.Y. Real Property Law § 232-c, New York State Senate
- California Civil Code § 1945, California Legislative Information
- Florida Statutes § 83.04, Holding over after term, The Florida Legislature
- Florida Statutes § 83.58, Remedies; tenant holding over, The Florida Legislature
How Seayora helps
Lease renewals: Send a renewal offer, with the notice period your state requires, well before the lease ends so it does not slip into an unplanned holdover.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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