What is a hold over period?

Asked by: Rosalia Kessler  |  Last update: May 27, 2025
Score: 4.8/5 (41 votes)

A holdover occurs when an original lease term expires, and the tenant does not vacate the property at the point of expiration.

What does "hold over period" mean?

The holdover period is a defined amount time following the expiration of a listing agreement during which the listing brokerage would be entitled to a commission if the property were sold to someone who was introduced to it while it was listed.

What is the purpose of the holdover period?

In Summary. In conclusion, a holdover clause in real estate is an important provision that protects both the landlord and the tenant. It specifies the terms and conditions that apply when a tenant remains on the rental property after the lease has expired.

How long is a holdover period?

[2]. This means that for a holdover tenant in California, a landlord must provide at least 30 days notice before starting the eviction process.

Is holdover the same as month-to-month?

A lease term ends but the tenant nevertheless remains in possession. The tenant becomes a month-to-month “holdover” tenant on the same terms as the lease that ended.

Real Estate Tips: What is a holdover period?

22 related questions found

How long can a tenant hold over?

A holdover tenant is one who continues to stay on the premises once the lease has legally ended. Generally, they're allowed to stay on the premises indefinitely under a variation of a month-to-month lease. However, a holdover tenant creates a gray area for a landlord's investment property.

What is an example of a holdover?

A holdover case is started for a different reason than nonpayment of rent. For example, a holdover case is started because your lease expired, or you are too noisy, or the tenant gave you the apartment without telling the landlord/owner, or you put a wall up without permission.

What is the legal definition of a holdover?

A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.

What is a holding over period?

You are on 'hold over' if you continue to occupy the premises after the expiry of the fixed term where the lessor has not taken action to end the lease. Leases often give the lessee an opportunity to 'hold over' under the lease and stay in the premises on a month-to-month basis.

What is holdover amount?

Holdover Amount means, as of any date, the aggregate of any shares of Common Stock that the Covered Person was permitted to Transfer in accordance with the provisions of this Letter Agreement in any completed Transfer Period that were not so Transferred.

What is holdover status?

Tenants sometimes fail to move out after the lease expires and stay at the property. Tenants who stay past their lease term without your (the landlord's) express permission are considered holdover tenants.

What is the doctrine of holdover?

The “holdover principle” states that directors are elected for a term of one year and shall hold office until their successors are elected and qualified.

Is a holdover clause negotiable?

The smartest move is to negotiate your holdover clause during the initial lease agreement. This allows you to define the terms under which you may remain in the space after the lease expiration date, including setting a cap on holdover rent and limiting consequential damages.

What does hold period mean?

The time for which an investor has ownership of a stock is called the holding period. The holding period is calculated from the date when a share is bought till the date it is sold. It helps to determine the returns and taxing procedure of any security. The return and tax differ based on the holding period of shares.

Can an agent show a house without a contract?

yes that is the new Rule in the US as of August 17 2024, Agents must have a Buyers Agreement before any showing.

What is the holdover period in a listing contract?

The holdover period, in this case, is the time frame where the broker is entitled to commission even after the expiration of the contract, if the property is sold to a buyer that the broker had previously introduced to the seller.

What's the purpose of the holdover period?

The Holdover period is a length of time (in days) following a listing's expiration where commission may still be owed to the listing agent if the property sells. Every REALTOR® and owner should enter into a listing agreement with the goal of selling the property.

What is the holding period rule?

The holding period of an investment is used to determine the taxing of capital gains or losses. A long-term holding period is one year or more with no expiration. Any investments that have a holding of less than one year will be short-term holds. The payment of dividends into an account will also have a holding period.

What is the average holdover period?

Typically, this period of time is 30 days to 150 days, after the expiration date of the listing period. Why should you care about a Holdover Clause? Let's say a house sells within its 30 day holdover period, and the homeowner has not relisted the property with a different real estate brokerage.

What is the holdover period clause?

Holdover clause

The clause may require you to pay the brokerage fees for a purchase or sale even when the transaction happens after your representation agreement expires. The clause will specify the time the holdover clause is in effect from the date the agreement expires.

What is holdover time?

Definition. The estimated time that deicing/anti-icing fluid will prevent the formation of frost or ice and the accumulation of snow on the critical surfaces of an aircraft.

What is a synonym for holdover?

postpone. delay. defer. put over. hold off (on)

What is the legal definition of hold over?

Holding over means to continue for a prolonged period of time. In the context of property law, “holding over” is defined as the act of continued occupancy by the tenant of premises past the lease or agreement terms, with or without the consent of the landlord as cited in the case of Leone v. Bilyeu 238 S.W.

What is a legal holdover?

But some tenants remain in their rental beyond the end of their lease and become what's known as “holdover tenants.” When that happens, landlords can choose to either evict them or accept the rent and let them stay as a month-to-month tenant.

What is an example of hold over?

to delay something, or delay someone from leaving: The nomination was held over until the Senate adjourned, allowing a recess appointment. The weather held us over in Denver for two days.