Property Management
What is a 'holdover tenant' in Delaware and how should landlords respond?
AA tenant who holds over their lease by continuing to pay rent after lease expiration, with the landlord's consent
BA tenant who remains in the rental unit after their lease expires without a new lease agreement — the landlord may treat them as a month-to-month tenant or begin eviction proceedings✓ Correct
CA tenant who holds over payment of their security deposit
DA tenant who has held the same lease for more than 5 years
Explanation
A holdover tenant remains in possession after lease expiration without a new agreement. In Delaware, if the landlord accepts rent from a holdover, the tenancy typically converts to month-to-month under original terms. If the landlord does not want the holdover, they may begin eviction proceedings. Lease terms often specify holdover rent (e.g., 150% of base rent) to discourage holding over.
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