I’m hearing on the Legal Hotline from members who want to know if the holdover provision in leases is for the tenant’s use if the tenant needs extra days after the agreed-upon termination of the lease.

The holdover provision, outlined in the Seller’s Temporary Residential Lease (TXR 1910; TREC 15-5), the Buyer’s Temporary Residential Lease (TXR 1911; TREC 16-5), and the Residential Lease (TXR 2001), is not for the purpose of providing tenants with a contingency if the tenant needs extra days. Rather, it is a punitive measure because the tenant is technically in default since the tenant has not complied with the agreed-upon date of termination as outlined in the lease.

Accordingly, the landlord may be entitled to additional remedies beyond the fee outlined in the holdover provision if tenant stays beyond the date agreed upon for termination of the lease.

Traci Jackson, staff attorney