If a landlord accepts a rent check from a holdover tenant, when can they evict the tenant?

The correct answer emphasizes that a landlord can generally evict a holdover tenant at any time, unless the acceptance of the rent payment implies the creation of a new lease. In landlord-tenant law, if a tenant remains in possession of the premises after the expiration of their lease (a holdover tenant), the landlord typically retains the right to terminate the tenancy and pursue eviction.

However, if the landlord accepts rent from the holdover tenant, this can signal to the tenant an intention to continue the lease relationship, potentially creating an implied lease for the period covered by the accepted rental payment. In such cases, the landlord may lose the immediate ability to evict unless they take specific actions to terminate that implied lease or accept rent only without the intention of renewing the lease.

Contextually, simply waiting for a set period of non-payment, serving an eviction notice, or filing a complaint with housing court are not inherently necessary steps if the landlord has not created an indication of a renewal by accepting rent. Therefore, the landlord has the right to evict at any time unless the acceptance of the rent check suggests a continuation of the lease.