RentLife Property Management

Written by Mark Kallus, Owner & Broker

RentLife® Property Management
MPM® | RMP® | TRPM® | TRLS®

Houston’s Local Property Management Experts

Overstaying Your Lease

Overstaying Your Lease 

If you need to stay past the expiration of your lease, it’s essential to communicate with your landlord. You may be able to negotiate a new lease or an extension on your current lease. If you cannot agree with your landlord, you may have to vacate the property by the end of the lease period.

A holdover tenant is a tenant who remains in possession of a rental property after the lease or tenancy has ended. If you are a holdover tenant, you may be subject to certain penalties, depending on the circumstances.

Here are some potential penalties for being a holdover tenant:

  • Eviction: The landlord may file an eviction action to have you removed from the property, which can result in a court order requiring you to vacate the property.
  • Damages: The landlord may seek damages for any losses or expenses incurred due to your holdover tenancy. For example, if the landlord cannot rent the property to a new tenant because you are still in possession, they may seek damages for lost rent.
  • Increased rent: The landlord may increase the rent to a market rate, which may be higher than the rate you paid under the previous lease.
  • Termination of tenancy: The landlord may terminate the tenancy and require you to vacate the property.

If the landlord declines to extend your lease and let you stay after the expiration date, here are some things you might want to consider:

  • If you need to store your belongings after you move out, it’s a good idea to look into self-storage or storage unit rentals. These facilities typically offer a range of sizes and options to suit your needs and budget. It’s essential to read the terms and conditions of the storage facility carefully, as these may vary.
  • If you left some of your belongings at the rental property by mistake, it’s important to retrieve them as soon as possible. If you cannot retrieve them, you may need to make arrangements with the landlord to remove or dispose of them.
  • It’s a good idea to review your lease before you violate the terms by overstaying the initial period because it’s a legally binding document that outlines the duration of your tenancy. By reviewing the lease, you can make sure that you understand your penalties as a holdover tenant. A lease may include important information regarding tenants who overstay, including financial and legal ramifications.

By reviewing the lease, you can make an informed decision about whether or not staying past the lease expiration date without the landlord’s permission is worth it. This can help you avoid significant financial and legal penalties.

  • When moving out of a rental property, it’s important to leave the unit clean and in good condition. This can help you get your security deposit back and maintain a good relationship with your landlord. Remember to keep a record of the cleaning that you have done, including before and after photos. This can be helpful in case there are any disputes about the property’s condition when you move out.
  • Document the condition of the property: It’s a good idea to take photos or videos of the property before you leave to document its condition. This can be helpful in case there are any disputes about the state of the property when you move out.
  • Return keys: Return all keys to the landlord or the property management company.

It’s generally a good idea to resolve the issue amicably and not overstay at a rental property without the landlord’s written permission, as a good relationship with your landlord can be beneficial. If you are unable to agree, you may need to find alternative housing.

These tips should help you avoid this situation or be more prepared if you have holdover tenants at your rental property. Call us if we can help with leasing or managing your investment property.

We are the one you want if you are looking for a Spring Property Management Company! RentLife® Property Management CRMC® is the best choice for property management in Cypress, TX. We also offer rentals and property management in Humble, Katy, Richmond, Spring, The Woodlands, Tomball, Conroe, Houston, Magnolia, and other surrounding areas. Contact us today at www.rentlifepm.com or call 832-562-3600.