A holdover tenant in India, also known as a tenant at sufferance, is a tenant who remains in possession of a property after their lease agreement has expired, without the landlord's express consent to continue the tenancy. They essentially "hold over" possession beyond the originally agreed-upon term. I have explained what does holdover tenant mean below.
What Does Tenant Holding Over Mean?
The term "holdover tenant" refers to a renter who stays in a rental property after their lease has ended or been canceled without notice from the landlord. Here are a few details you must know.
The expiry of the lease does not automatically create a new tenancy. The tenant's continued possession is unlawful unless the landlord agrees to it.
The landlord has several options when a tenant holds over:
If the landlord accepts rent from the holdover tenant, it can be interpreted as implied consent to create a new tenancy. The nature of this new tenancy (periodic, such as month-to-month or year-to-year) depends on factors like the original lease terms and the intent of both parties.
The landlord can initiate eviction proceedings to remove the holdover tenant. They are considered trespassers and do not have a legal right to remain.
Negotiate a New Lease: The landlord can negotiate a new lease agreement with the tenant, establishing new terms and conditions for their continued occupancy.
I hope you found this helpful.
Consult Senior Advocates and Get Your Property-Related Query Resolved Now.
Also check
What is holding over under transfer of property act?
What are Tenant Rights in India?
Your Feedback Matters! How was this Answer?
Shifting, House?
✔
Lowest Price Quote✔
Safe Relocation✔
Professional Labour✔
Timely Pickup & Delivery
Intercity Shifting-Upto 25% Off
Check Prices
Intracity Shifting-Upto 25% Off
Check Prices
City Tempo-Upto 50% Off
Book Now
What Does Holdover Tenant Mean?
Abhijat754
132 Views
1
6 months
2025-05-29T16:37:46+00:00 2025-05-29T16:37:47+00:00Comment
Share