MBE Rules · Real Property
Tenant holdover — landlord's election
The rule
When a tenant wrongfully remains in possession after the lease ends, the landlord may (1) evict the tenant as a trespasser and recover damages, or (2) bind the holdover to a new periodic tenancy on the terms of the prior lease. In residential leases the new period is typically month-to-month; in commercial leases up to year-to-year.
In plain English
The landlord picks: kick out or hold to a new tenancy. Once the landlord accepts rent from the holdover, election of a new tenancy is usually presumed.
How examiners test it
Facts where the landlord cashes a rent check after the lease expires → new periodic tenancy.
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