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 Net Rent payable in advance on the first day of each month equal to twice the monthly amount of Net 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. 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.

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. 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 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. If the Tenant continues to occupy the Premises after the expiration of the term hereby granted and the City shall accept rent, the new tenancy thereby created shall be deemed to be a monthly tenancy and shall be subject to the covenants and conditions contained in this agreement insofar as the same are applicable to a tenancy from month to month save and except that the rental payable shall be as determined by the City.

Overholding. If the Tenant remains in possession of the Premises after the expiration of this Lease and without the execution and delivery of a new Lease, the Landlord may re-enter and take possession of the Premises and remove the Tenant therefrom and the Landlord may use such force as it may deem necessary for that purpose without being liable in respect thereof or for any loss or damage occasioned thereby; PROVIDED THAT while the Tenant remains in possession after the expiration of this Lease, and the Landlord accepts rent, the Tenancy, in the absence of written agreement, will be from month to month only at a rent per month equal to 1.25 times the Minimum Rent payable in respect of the month immediately preceding expiration of this Lease in each case payable in advance on the 1st day of each month and shall be subject to all terms of this Lease, except that the tenancy will be from month to month and a tenancy from year to year will not be created by implication of law. Notwithstanding the foregoing, in the event that Tenant and Landlord are conducting negotiations in good faith for a renewal of this Lease, Tenant may remain in the Premises at the same Minimum Rent as during the last Lease Year of the Term; provided, however, upon reaching agreement with Landlord on new lease terms for the renewal, Tenant will pay, retroactively, the agreed-upon new Minimum Rent for the entire holdover period. In the event that (i) Landlord deems that Tenant is not in Landlord's reasonable judgement, bargaining in good faith; (ii) Landlord and Tenant cannot reach a mutually acceptable agreement; or (iii) Landlord, in its sole judgment, chooses to terminate negotiations, then, in any such event and upon thirty (30) days prior written notice to Tenant, Tenant's monthly rent shall equal 1.25 times the monthly amount payable as Minimum Rent during the last Lease Year of the Term, beginning upon the expiration of the thirty (30) day period.