What is a lease holdover agreement?
Sometimes a tenant needs a week or two past the end of the lease, because a new home isn't ready, a closing slipped or school is about to finish. Letting them stay without paperwork can accidentally create a month-to-month tenancy and leave the landlord unsure when they'll get the property back. A lease holdover agreement fixes a final move-out date and treats the agreement itself as the tenant's notice.
Enter the lease end and the new move-out date and time. Set holdover rent per day, per week or as a single amount, choose when it's paid and how utilities are handled. The lease terms continue, the landlord may show the property, and the deposit is dealt with from the actual move-out. If the tenant overstays, a daily charge you set applies and the landlord may pursue possession through the legal process only. No lock changes or utility shut-offs.
- Best for
- Short stays of days or weeks after a residential lease ends
- Signed by
- Landlord and tenant (add each co-tenant as a signer), initialled on every page
- Rent options
- Per day, per week, or one amount for the whole period
- Length
- 2 pages
When to use a lease holdover agreement
- A tenant whose new home's closing has moved back a week
- A family staying until the end of the school term
- Bridging a gap before an incoming tenant's move-in date
- A tenant waiting for repairs at their next rental
- Turning a verbal "stay a few more days" into a written deal
What you fill in
17 blanks, then the name and email of each person who signs: landlord, tenant.
1 The lease
- Date of this agreement*
- Landlord or managing agent*
- Tenant name(s)*
- Address of the rented property*
- Date of the lease*
- Date the lease ends (or ended)*
- Reason for staying on (optional)
2 The holdover
- New move-out date*
- Keys returned by (time)*
- Currency*
- Holdover rent is charged* per day · per week · as a single amount for the whole holdover period
- Holdover rent amount*
- When holdover rent is paid* in full in advance, on signing this agreement · weekly in advance · on the usual rent day under the lease
- Utilities during the holdover* stay on the same terms as under the lease, with the Tenant paying the same share · are included in the holdover rent · are paid by the Tenant directly, and the Tenant will not close the accounts before the new move-out date
3 If the tenant stays late
- Daily charge for staying past the new move-out date*
- Incoming tenant or buyer waiting (optional)
- Governing law*
4 Who signs
- Landlord signature and date, initials on every page · The landlord or the managing agent who signs for the landlord.
- Tenant signature and date, initials on every page · The tenant staying on. If several tenants are on the lease, name them all above and add each one as a signer in the editor.
What the lease holdover agreement covers
- Holdover period and move-out date
- Terms during the holdover
- Holdover rent
- Utilities
- Condition and move-out inspection
- If the Tenant does not leave on time
- General
Using the lease holdover agreement, step by step
1 Link it to the lease
Enter the landlord, tenants, property, lease date and the date the lease ends, plus an optional reason.
2 Set the move-out
Enter the new move-out date and the time the keys must be returned.
3 Set holdover rent and utilities
Choose per day, per week or a single amount, when it's paid, and how utilities are handled.
4 Agree late-stay terms and sign
Set the daily charge for overstaying, note any incoming tenant or buyer, add each tenant as a signer and send.
Tips before you send it
- Some places limit holdover rent or late-stay charges, or set them by law. Check before you choose a figure.
- Never change the locks or cut utilities to get a tenant out. Use only the legal possession process.
- If an incoming tenant is waiting, say so. It shows the losses a late move-out would cause.
- Book the move-out inspection for the move-out date and keep photos with the lease in your vault.
Sign it online in minutes
- Fill in the blanks. Names, dates and amounts go straight into the agreement — the preview shows exactly where.
- Name who signs. Tick “This is me” for your own part. FileIt builds the PDF with every signature, date and initials box on the right line, and you can check or move anything before sending.
- Send it. Each signer gets a secure link and signs from any device — no account needed. The signed PDF, with an audit trail and a Certificate of Completion, is filed in your vault and emailed to everyone.
Lease holdover agreement: frequently asked questions
Does this create a new tenancy?
It is written so that it doesn't renew the lease or start a month-to-month tenancy, and it treats the agreement as the tenant's notice to leave on the move-out date. Local law has the final say.
What if the tenant leaves early?
Rent already paid for the remaining days is refunded only if the landlord re-lets the property for those days, or as the law requires.
What happens if they don't leave?
The daily late-stay charge applies as far as the law allows, the tenant is responsible for reasonable losses, and the landlord may start the legal process for possession.
How is this different from a seller rent-back?
A rent-back is between a home buyer and the seller after a sale. A holdover agreement is between a landlord and a tenant at the end of a lease.