TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

holding over [1 record]

Record 1 2013-01-31

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

Overholding with consent. Until rent is paid or something said or done on the part of the landlord to indicate an intention to treat the tenant holding over as his tenant for a further term, the landlord may treat him as a trespasser and bring an action of ejectment. When, however, a tenant is allowed to continue in possession after the expiration of a tenancy by agreement, the terms on which he continues to occupy are matters of evidence rather than of law. If there is nothing to show a different understanding he will be considered to hold on the terms of the old lease in so far as these terms are applicable. It is also a question of intention whether the parties, when the lease provides for overholding, intend the tenant to remain under the overholding provisions or under a new lease. (Anger and Honsberger, 2nd, p. 285-286)

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

occupation après terme : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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