Holdover Tenants: A Landlord's Options in Pennsylvania

What is a holdover tenant?

A holdover tenant is one who stays in the property after the lease term has ended, without signing a new lease. In commercial leasing this happens when a tenant's business is mid-move, a renewal is still being negotiated, or the tenant simply refuses to leave — and it creates real risk for the landlord.

A Pennsylvania landlord's options

Faced with a holdover, a landlord generally has a few paths: charge holdover rent under the lease, agree to a new tenancy, or move to remove the tenant. How a court treats the situation can depend on the lease terms and on how the landlord responds — for example, continuing to accept rent may point toward a new month-to-month tenancy — so a landlord should decide quickly whether to renew or remove.

Holdover rent

Many commercial leases include a holdover clause requiring the tenant to pay a premium — often 150% or 200% of the prior rent — for any period it stays past the term. A holdover premium is generally only available if the lease actually provides for it, which is exactly why the clause belongs in the lease from the start.

Removing a holdover tenant

If the tenant will not leave and no new agreement is reached, the landlord's remedy is a formal eviction proceeding — not a self-help lockout, which can expose the landlord to liability. A landlord dealing with a holdover often also needs to collect unpaid or holdover rent, and our team handles that process end to end.

How to prevent holdover disputes

The best protection is a clear holdover clause negotiated into the lease up front, plus firm renewal and surrender deadlines. Addressing the issue in the document is far cheaper than litigating it later.

How Nochumson P.C. helps

Nochumson P.C. represents commercial landlords in holdover, eviction, and rent-recovery matters throughout the Philadelphia area. Contact us if a tenant is holding over.

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