Overholding Clause Samples

Overholding. If you remain in occupation of your accommodation after the Move-Out Date or your eviction date, no new right of occupation is thereby created and the Landlord may, without notice, re-enter and take possession of your accommodation, remove you and all other persons and property and use such force and assistance as the Landlord deems necessary to retake possession of your accommodation. In this situation, any Residence Fee payment(s) processed by you through the Landlord’s online payment process shall not be effective to create any new or continued right of occupation unless such right of occupation and receipt of payment are expressly acknowledged in writing by both the Principal and the Associate Vice-President, Student Housing and Community Services. If the Principal and the Associate Vice-President, Student Housing and Community Services expressly grant their written approval to your continued occupation of your accommodation and accept payment of Residence Fees for that occupation, then any right of occupation that is thereby created shall be for the period contained in such approval, at the Residence Fees previously payable for your accommodation and subject to the terms of this Contract, as applicable for the occupancy period. In no case shall any acceptance of Residence Fees for your accommodation after the expiry of the Term result in any right of occupancy greater than a right to occupy your accommodation from month-to-month (meaning, for greater certainty, terminable by you or the Landlord at any time on one month’s notice), at the Residence Fees previously payable for your accommodation, and not from year-to-year and shall be subject to the terms of this Contract so far as the same are applicable to a right to occupy from month-to- month.

Overholding. If the Tenant remains in possession of the Premises after the end of the Term with the consent of the Landlord but without having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal of this Lease, and the Tenant shall be deemed to be occupying the Premises as a Tenant from month to month at a monthly Rent payable in advance on the first day of each month equal to twice the monthly amount of Rent payable during the last month of the Term, and otherwise upon the same terms as are set forth in this Lease, so far as these are applicable to a monthly tenancy.

Overholding. If you remain in occupation of your accommodation after the Move-Out Date or your eviction date, no new right of occupation is thereby created and the University may, without notice, re-enter and take possession of your accommodation, remove you and all other persons and property and use such force and assistance as the Landlord deems necessary to retake possession of your accommodation. In this situation, purported residence fee payment(s) processed through the University’s online payment process shall not be effective to create any new or continued right of occupation unless such right of occupation and receipt of payment are expressly agreed to in writing by the Director, Business Operations. If the Director, Business Operations, has provided such written agreement then any right of occupation that is thereby created shall be for the period contained in such approval, at the residence fees previously payable for your accommodation and subject to the terms of this Contract, as applicable for the occupancy period. In no case shall any acceptance of residence fees of your accommodation after the expiry of the term of this Contract result in any right of occupancy greater than a right to occupy your accommodation from month to month (meaning, for greater certainty, terminable by you or the University at any time on one month’s notice), at the residence fees previously payable for your accommodation, and not from year to year and shall be subject to the terms of this Contract so far as the same are applicable to a right to occupy from month to month.

Overholding. Upon the expiration of this Lease by the passage of time and the Tenant remaining in possession of the Leased Premises: (a) there shall be no implied renewal or extension of this Lease; (b) if the Landlord consents in writing to the Tenant remaining in possession, the Tenant shall be deemed notwithstanding any statutory provision or legal assumption to the contrary, to be occupying the Leased Premises as a monthly tenant, which monthly tenancy may be terminated by either party on thirty (30) days written notice to the other, which thirty (30) day period need not end on the last day of a calendar month; (c) if the Landlord does not consent in writing to the Tenant remaining in possession, the Tenant shall be deemed, notwithstanding any statutory provision or legal assumption to the contrary, to be occupying the Leased Premises as a tenant at the will of the Landlord, which tenancy may be terminated at any time by the Landlord without the necessity of any notice to the Tenant; and (d) the Tenant shall occupy the Leased Premises on the same terms and conditions as are contained in this Lease (including without limitation, the obligation to pay Additional Rent), save and except that: (a) the Term and the nature of the tenancy shall be as set out in section 17.1 (b) or (c), as the case may be; (b) the Minimum Rent payable by the Tenant shall be paid monthly at a rate equal to twice the amount of monthly Minimum Rent which it was responsible for paying during the last twelve (12) months of the Term; and (c) the Tenant shall not be entitled to take the benefit of any rights of renewal, rights of first refusal, options to purchase, rights granting the Tenant exclusive rights to carry on certain business activities in the Building, or any other rights personal to the Tenant and which may be contained in this Lease. The Tenant shall be stopped and forever barred from claiming any right to occupy the Leased Premises on terms other than as set out in this section and the Landlord may plead this section in any court proceedings. The Tenant shall indemnify and save harmless the Landlord from all Claims incurred by the Landlord as a result of the Tenant remaining in possession of all or part of the Leased Premises following the expiry of the Term. Nothing in this section shall be interpreted as permitting or giving the Tenant an option to stay in possession of the Leased Premises following the expiry of the Term and the Tenant shall surrender the Leased Premises to the L...

Overholding. If at the expiration of the term of this Lease the Tenant shall hold over with the consent of the Landlord, the tenancy of the Tenant thereafter shall, in the absence of written agreement to the contrary, be from month to month only at a rental per month equal to one-tenth (1/10th) of the rental payable for the year immediately preceding such expiration, payable monthly in advance on the first day of each lease month and shall be subject to all other terms and conditions of this Lease.

Overholding. 19.01 The Tenant shall, not less than six months before the expiration of the Term of this Lease, give to the Landlord notice in writing of its intention to vacate the Premises at the end of the Term. If no such notice is given, the Landlord shall assume that the Tenant intends to vacate the Premises at the expiration of the term of this Lease. If the Tenant has not given notice of its intentions to vacate six months before the expiration of the Term, and shall continue to occupy all or part of the Premises after the expiration of this Lease without the consent of the Landlord, and without any further written agreement, then the Tenant shall be deemed to be overholding without any right to do so and the Landlord may take immediate action to recover possession of the Premises and it will be lawful for the Landlord to enter into and upon the Premises or any part thereof, in the name of the whole and to have again, repossess and enjoy the Premises as of its former state, anything in the Landlord and Tenant Act SRO 1990 or any other statute or in this Lease contain to the contrary notwithstanding. If the Tenant remains in possession of all or any part of the Premises after the expiry of the Term with the consent of the Landlord and without any further written agreement, or without the consent of the Landlord, there shall be no deemed renewal or extension of this Lease and, despite any statutory provision or legal presumption to the contrary, the Tenant shall be deemed conclusively to be occupying the Premises as a monthly Tenant at will if the Landlord consents to the Tenant remaining in possession or as a Tenant at will if the Landlord did not consent to the Tenant remaining in possession, in either case, on the same terms as set forth in this Lease including the payment of all additional rents and percentage rents if applicable, so far as such terms would be applicable to a monthly tenancy except that the monthly basic minimum rent shall be equal to one sixth (1/6th) of the annual rent payable during the last year of this Lease; one sixth (1/6th) of the amount of Additional Rents and charges payable for the last year of this Lease and one sixth (116th) of the annual Percentage Rent if any payable for the lease year immediately proceeding the last year of this Lease and all, except as to link the tenancy. The Tenant shall promptly indemnify and hold harmless the Landlord from and against any and all claims incurred by the Landlord as a result of the Tenant re...

Overholding. If the Tenant continues to occupy the Premises without the written consent of the Landlord after the expiration or other termination of the term, then, without any further written agreement, the Tenant will be a month-to-month tenant at a minimum monthly rental equal to twice the Base Rent and subject always to all of the other provisions of this Lease insofar as the same are applicable to a month-to-month tenancy and a tenancy from year to year will not be created by implication of law.

Overholding. In the event that the Tenant(s) or Subtenant(s) or occupant(s) fail to vacate on or before the time specified in the Tenancy Agreement or after the Landlord gives legal notice, the Tenant is liable to continue to pay Rent to the Landlord for such overholding. The Tenant(s) is also required to reimburse the Landlord for all losses suffered because of the Landlord's liability to any third party with respect to a new tenancy agreement for the Rental Unit based upon the anticipated availability of the Rental Unit at the end of the Term or following termination of the tenancy.

Overholding. If the Landlord permits the Tenant to remain in possession of the Demised Premises after the expiration of the Term and without an agreement concerning such overholding and accepts Rent, as set out below, in respect thereof, a tenancy from month to month shall be deemed to have been created. Such tenancy may be terminated at any time either by the Landlord or, by the Tenant by notice to the other with the termination date to be set out in the notice and to be at least sixty (60) clear days after delivery of the notice and, in the absence of written agreement to the contrary, shall be subject to all of the terms of this Lease, except as to the Term.