A tenant was properly served with a non-renrenewal notice 3 months before lease expiration.
Lease now expired and tenant refused to leave. Tenant, therefore, was sent a 3-day notice to vacate that also stated, he was going to be considered a holdover tenant after lease expiration and was going to have to pay double rent. Tenant finally vacated the premises on the last day provided by the 3-day notice (meaning, 3 days after lease expiration).
(1) Can Landlord charge holdover rent for the 3 days tenant stayed at the premises after lease expired? OR...
(2) is it understood that holdover tenancy starts not after lease expiration, but after 3 day notice stated date?
Landlord / Tenant Lawyer
Holdover rent applied from the moment that the Lease term expired. Therefore, you can charge the double rent for those three days (until possession was given back to Landlord)
General Practice Lawyer
The previous counsel is right; however, is it practical to go after them for three days of double rent when they didn't pay for two months. You may expend the filing fees and costs and not recover anything. First determine if the tenants are collectable.