Legal Definitions - holding over

Holding over

Holding over means to continue occupying a property for a prolonged period of time. In property law, it refers to the act of a tenant staying in a property past the lease or agreement terms, with or without the landlord's consent.

Example 1: John's lease for his apartment ended on December 31st, but he continued to live there until February without signing a new lease or getting permission from his landlord. This is an example of holding over.

Example 2: Mary's lease for her store ended, but she continued to operate her business in the same location without signing a new lease or getting permission from her landlord. This is also an example of holding over.

These examples illustrate holding over because in both cases, the tenants continued to occupy the property past the agreed-upon lease term without the landlord's permission. This can cause legal issues and disputes between the tenant and landlord.