Leasing License Practice Exam

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What is a holdover tenant?

A tenant who has paid all dues
A tenant with a valid lease
A tenant occupying without consent after lease expiration
A tenant seeking renewal of the lease

The correct answer is: A tenant occupying without consent after lease expiration

A holdover tenant is defined as a tenant who continues to occupy a property after their lease has expired without the landlord's consent. This situation typically arises when a tenant remains in the rented space beyond the agreed-upon lease term, creating a scenario where the legal obligations of the original lease may or may not still apply. The relationship between a landlord and a holdover tenant can be complex. If the landlord allows the tenant to remain, this may lead to an implied month-to-month tenancy; however, the landlord can also choose to evict the holdover tenant or negotiate new lease terms. Understanding the implications of being a holdover tenant is crucial, as it can affect both the rights of the tenant and the responsibilities of the landlord regarding rental payments, property maintenance, and possible eviction proceedings.