What happens when a tenant stays after the lease ends?
A tenant who stays after the lease ends is a holdover. What happens next depends mostly on whether you accept rent: in New York, accepting rent for a later period creates a month-to-month tenancy, and in Oregon a fixed term that ends after the first year becomes month-to-month unless an exception applies. If you did not agree to the stay, Florida lets you recover double rent, but you still need a court to remove the tenant.
Two kinds of holdover
| With your consent | Without your consent | |
|---|---|---|
| What happened | You keep taking rent or agree to a short stay | You asked them to leave and they stayed |
| Usual result | A month-to-month tenancy on the old terms | You may sue for possession and, in some states, extra rent |
| Main risk | Losing a clean end date | Taking rent and accidentally creating a new tenancy |
What the statutes say
New York
If a tenant for a term longer than one month holds over and the landlord accepts rent for a period after the term ends, the tenancy becomes month to month, starting the day after the term ends, unless there is an agreement otherwise (Real Property Law 232-c). Holding over alone does not let the landlord bind the tenant to a new full term. Ending that month-to-month tenancy then follows New York's notice rules, which grow with time in the unit (RPL 226-c).
Oregon
Under ORS 90.427, a fixed term that ends after the first year of occupancy becomes month-to-month, unless the parties sign a new fixed term, the tenant gives at least 30 days' notice, or the landlord has a qualifying reason and gives the required notice. Within the first year, the landlord may end a fixed term without cause with at least 30 days' notice.
Washington
When a fixed term continues month-to-month after it expires, a Washington landlord can end it without cause only in narrow cases, such as an initial term of six to 12 months, with at least 60 days' written notice before the term ends (RCW 59.18.650). Otherwise a listed cause is needed.
Florida
If a tenant stays after the rental agreement ends without the landlord's permission, the landlord may recover double the rent due for the period the tenant refuses to give up possession (Florida Statutes 83.58).
Example a made-up Florida lease at $1,400 a month ends March 31. The owner gave written notice of non-renewal; the tenant stays without permission until the owner regains possession through the court on May 10. That is 40 days. At a daily rent of $1,400 times 12 divided by 365, about $46.03, the regular rent for 40 days is about $1,841, and double is about $3,682. How a court computes the period is up to the court; the statute does not set a formula.
What never to do
Do not change the locks, shut off utilities or remove belongings. Florida, for example, forbids a landlord from interrupting utilities, blocking access by changing locks, removing doors or windows, or removing the tenant's property outside a lawful process, and makes the landlord liable for actual and consequential damages or three months' rent, whichever is greater, plus attorney's fees (Florida Statutes 83.67). Other states have similar rules. A holdover is removed through the court process for your state.
What to do instead
- Decide early. Send renewal offers or non-renewal notices on time, using your state's notice period (see the lease renewal timeline).
- If you want them to stay, sign a renewal or a written month-to-month agreement, so the terms are clear.
- If you want them gone, think before accepting rent for any day after the end date: in New York it can create a month-to-month tenancy. Ask your attorney how your state treats partial or use-and-occupancy payments.
- Put the holdover terms in the lease: the rent for any holdover period and that staying without consent is not a renewal.
- If the tenant will not leave, file in court for possession. Keep records of every notice and payment.
How DoorKeeping handles it
DoorKeeping tracks lease end dates and each tenant's ledger by property, so you can ask Claude or ChatGPT which leases end next month and who has paid for a period after their end date. Rent goes straight to your own bank, never through DoorKeeping. Any legal step waits for your one-tap approval. DoorKeeping is $2 per unit per month and gives no legal advice.
Sources
- New York Real Property Law 232-c, holding over, read Oct 29, 2026
- New York Real Property Law 226-c, read Oct 29, 2026
- Oregon Revised Statutes chapter 90 (ORS 90.427), read Oct 29, 2026
- Washington RCW 59.18.650, ending a tenancy, read Oct 29, 2026
- Florida Statutes 83.58, remedies; tenant holding over, read Oct 29, 2026
- Florida Statutes 83.67, prohibited practices, read Oct 29, 2026
Questions
- Does accepting rent after the lease ends create a new lease?
- In New York, accepting rent for a later period creates a month-to-month tenancy, not a new full term. Other states have their own rules, so check yours before you deposit the payment.
- Can I charge double rent to a holdover tenant?
- Florida allows double rent when the tenant stays without permission. Other states differ; your lease may also set a holdover rent where the law allows.
- Can I change the locks when the lease ends?
- No. Lockouts and utility shutoffs are forbidden in Florida and many other states. Remove a holdover tenant only through the court.