Holdover Clause
in Your Lease
What it actually means, what Maryland law says, what's specific to Baltimore - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- Public Local Laws § 9-28 lets a Baltimore landlord elect to hold a tenant who, after notice, fails to quit at the end of the term as a tenant "bound to pay double the rent". It is recoverable as if double rent were the rent reserved in the original agreement.
- In court the figure is a ceiling. Public Local Laws § 9-26 has the judge assess damages "not exceeding double the rate of the rent" against a tenant holding over, plus the landlord's expenses in the case beyond legal costs.
- Statewide, § 8-402(a) makes a tenant who unlawfully holds over liable for "the actual damages caused by the holding over", never less than the apportioned rent at the lease rate. The sections we read do not say how the Baltimore and state measures apply together.
- Under § 8-402(d), unless the written lease says otherwise and the tenant initialed it, a landlord who consents to a holdover creates a periodic month-to-month tenancy, or week-to-week if the tenancy was weekly before.
- § 8-216(b) bars a landlord from taking possession from a tenant holding over by a lockout or willful diminution of services. The Baltimore sections print no currency date of their own, so read their current text yourself.
Understanding the Holdover Clause
A holdover clause sets the terms for the days after your lease ends and before the keys go back. Where it prints a penalty rate, a Baltimore renter should read it next to a local figure that already exists, and that figure is double.
The double comes from Baltimore's Code of Public Local Laws, not from the state. Public Local Laws § 9-28 lets a landlord elect to hold a tenant who, after notice, fails to quit at the end of the term as bound to pay double the rent. § 9-26 caps the damages a judge assesses in a dispossession case at double the rate of the rent.
Maryland's own measure, in Md. Code, Real Prop. § 8-402(a), is the actual damages caused by the holding over, never less than the apportioned rent at the lease rate. The sections we read do not say how those measures combine, and this page does not settle it. It sets out each one, then what consent and self-help change.
What renters assume
A lease that charges double rent for a holdover is just repeating Baltimore law, so the double starts the morning after the term ends.
What is actually true
Public Local Laws § 9-28 puts two things before the double: notice, and the landlord's choice. It reaches a tenant who, "after notice", fails to quit at the end of the term, and the double applies "at the election of the lessor".
A rate running from expiry with no notice to quit has a different source, the lease.
Seven of the 20 rows in the comparison on this page carry a 2, and Baltimore is one of them, beside New York City, Miami, Chicago, Phoenix, Washington and Newark. Thirteen of the 20 rows carry no multiplier.
Baltimore's label names its source: "2x (Baltimore law, after notice)". The figure comes from the Code of Public Local Laws of Baltimore City, while Maryland's § 8-402(a) sets actual damages with a floor at the lease rate.
New York City and Washington tie their double to the tenant's own notice; § 9-28's words are that the tenant, "after notice", fails to quit.
Six of the seven labels name a condition beside the 2, and Miami's reads as plain double rent. Of the thirteen without one, ten read "No multiplier", Philadelphia reads "No statutory multiplier", Austin "No cap - lease controls" and Las Vegas "No rent multiplier (3x damages)".
Plain English Version
If your Baltimore lease ends, you get notice and you stay on, the landlord can choose to treat you as a tenant who owes double the rent. If the landlord wins a court case for the unit, the judge can award damages up to double the rent, plus expenses beyond court costs.
State law separately says a holdover tenant owes the actual damages caused, never less than the normal rent for the time. If the landlord agrees to let you stay, you become a month-to-month tenant unless your written lease says otherwise and you initialed it.
The landlord may not lock you out or cut services to take the unit back.
Holdover Clause Example - What the Wording Looks Like in Baltimore, MD
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
If the Lessee retains possession of the Premises after the term of this lease expires, the Lessor may either accept further rent payments by the Lessee, in which case a month-to-month tenancy shall be created, or sue for possession; and Lessor shall be entitled to recover from Lessee all damages sustained by him as a result of Lessee's failure to vacate the Premises, including but not limited to lost rent, court costs and attorneys fees. In no case shall a holdover tenancy be created. In the event Lessee retains possession without Lessor[']s consent beyond the term of this lease, the monthly rental shall be 150% of the rental for the original term.
Quoted from the published opinion in Roth v. Dillavou, No. 2—04—0840 (Ill. App. Ct., 2d Dist., Sept. 8, 2005). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
“retains possession of the Premises after the term of this lease expires”
This is the moment the clause is written for: the term is over and you are still there. Maryland's statute settles how the unit may come back. Under § 8-216(b) a landlord may not take possession from “a tenant or tenant holding over” by locking the tenant out or by willful diminution of services. Possession comes under a warrant of restitution executed by a sheriff or constable, or after the tenant has abandoned or surrendered the unit.
“in which case a month-to-month tenancy shall be created”
Roth's lease ties a month-to-month tenancy to accepted rent. Maryland ties it to consent, and lets a lease change the result on one condition. Under § 8-402(d), a landlord who consents to a holdover turns the tenancy into a periodic month-to-month tenancy, or week-to-week if it was weekly before, unless the written lease says otherwise and the tenant initialed it.
“Lessee all damages sustained by him as a result of Lessee's failure to vacate the”
The clause measures the claim by what the failure to vacate cost the landlord, and Maryland's statute measures a holdover in damages as well. Under § 8-402(a) a tenant who unlawfully holds over owes “the actual damages caused by the holding over”, never less than the apportioned rent at the lease rate. In a Baltimore case to dispossess, Public Local Laws § 9-26 has the judge assess damages not exceeding double the rate of the rent, plus the landlord's expenses over and above the legal costs.
“the monthly rental shall be 150% of the rental for the original term”
Roth's lease sets its own rate. Baltimore already has one, and it is higher. Public Local Laws § 9-28 lets a landlord elect to hold a tenant who, “after notice”, fails to quit at the end of the term as “bound to pay double the rent”. The sections we read do not say how that election, the cap in § 9-26 and the state's actual-damages measure apply together.
The clause was enforced exactly as written. Because the lease itself said no holdover tenancy would arise - only a month-to-month one - the court held the original lease terms carried straight through the post-term period, which kept the tenant's co-signer on the hook for it. One judge dissented, warning that reading it this way exposes a guarantor to open-ended liability.
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Maryland Law on Holdover Clause
- The double rent is the landlord's choice, and it follows notice. Section 9-28 applies where "the tenant, after notice, fail to quit at the end of the term, or at a period when he shall begin as aforesaid to be holding over". The tenant "may, at the election of the lessor", be held as a tenant "bound to pay double the rent to which the said tenancy was subject", payable on the same terms as the rent originally reserved. On the city's site § 9-28 sits in the part of Subtitle 9 headed Tenant for Years or Less or at Will, whose sections describe year-to-year tenancies (§ 9-11), leases for a month or less that continue after they expire (§ 9-12) and tenancies at will or by sufferance (§ 9-13).
- In court the figure is a ceiling. Section 9-26 says that if a landlord's case to dispossess a tenant ends in the landlord's favour, "the judge shall assess against the tenant holding over the premises, damages not exceeding double the rate of the rent of said tenancy", plus the landlord's expenses in the proceeding over and above the legal costs, to be enforced by execution.
- The state sets the floor. Under Md. Code, Real Prop. § 8-402(a)(1) and (2), a tenant who unlawfully holds over owes the landlord "the actual damages caused by the holding over", and those damages "may not be less than the apportioned rent for the period of holdover at the rate under the lease." Under § 8-402(c)(5), a payment the landlord accepts after notice does not waive the notice to quit unless both sides agree otherwise in writing, and it is applied first to rent apportioned to the day the landlord recovers possession, then to court costs, damages and fees, then to lost rent caused by the holdover.
- Consent and self-help change the picture. Under § 8-402(d), unless the written lease says otherwise and the tenant initialed it, a landlord who consents to a holdover turns the tenancy into a periodic month-to-month tenancy, or week-to-week if it was weekly before. Section 8-216(b) bars a landlord from taking possession from "a tenant or tenant holding over" by a lockout or willful diminution of services, except under a warrant of restitution executed by a sheriff or constable or after abandonment or surrender, and Baltimore's Public Local Laws § 9-15(b)(3) and (c) make a landlord's, agent's or operator's false statement in a holding-over case a misdemeanor punishable by a fine of up to $500 or up to 10 days in jail.
Sources include Baltimore City Pub. Local Laws § 9-28; Baltimore City Pub. Local Laws § 9-26; Baltimore City Pub. Local Laws § 9-33; Md. Code, Real Prop. § 8-402(a), (c)(5), (d); Md. Code, Real Prop. § 8-216(b); Baltimore City Pub. Local Laws § 9-15(b)(3), (c) - statutes change; verify the current text for your situation.
Maryland's own measure for a holdover is damages rather than a multiple. Under Md. Code, Real Prop. § 8-402(a)(1) and (2), a tenant who unlawfully holds over owes the landlord "the actual damages caused by the holding over".
Those damages "may not be less than the apportioned rent for the period of holdover at the rate under the lease."
The section also says it does not limit other remedies a landlord has under the lease or applicable law. Baltimore has two local sections on the same subject: Public Local Laws § 9-28, the landlord's election of double rent after notice, and § 9-26, which caps a judge's damages award at double the rate of the rent.
The sections we read do not say how those apply together with § 8-402(a), and this page takes no position on it.
Money paid after a notice to quit has rules of its own. Under § 8-402(c)(5), a payment the landlord accepts after notice does not waive the notice to quit unless both sides agree otherwise in writing.
The payment is applied first to rent apportioned to the day the landlord recovers possession, then to court costs, damages and fees, then to lost rent caused by the holdover.
Consent changes the tenancy. Under § 8-402(d), unless the written lease says otherwise and the tenant initialed it, a landlord who consents to a holdover turns the tenancy into a periodic month-to-month tenancy, or week-to-week if it was weekly before. The section asks for both the written term and the initials.
Self-help has a section of its own. § 8-216(b) bars a landlord from taking possession from "a tenant or tenant holding over" by a lockout or willful diminution of services. A landlord may take possession under a warrant of restitution executed by a sheriff or constable, or after the tenant has abandoned or surrendered the unit.
The double-rent figure sits on the City of Baltimore's law library, whose pages for § 9-26 and § 9-28 trace those sections to the Public Local Laws of 1860 and print no currency date of their own. Read the current text of those sections and of § 8-402 yourself before relying on any figure here.
Maryland Tenant Protections
The Baltimore double is conditional, and the conditions are where a renter's protection sits. Public Local Laws § 9-28 reaches a tenant who, after notice, fails to quit at the end of the term, and the double rent applies at the landlord's election.
In court, § 9-26 caps the damages a judge assesses against a tenant holding over at double the rate of the rent, plus the landlord's expenses beyond legal costs.
Statewide, § 8-402(a) measures a holdover by the actual damages caused, with a floor at the apportioned rent at the lease rate; the sections we read do not say how it and the Baltimore sections apply together. A payment the landlord accepts after notice does not waive the notice to quit unless both sides agree otherwise in writing, under § 8-402(c)(5).
Under § 8-402(d), a landlord's consent to the stay makes the tenancy periodic month to month, or week to week if it was weekly, unless the written lease says otherwise and the tenant initialed it. § 8-216(b) bars taking possession from a tenant holding over by a lockout or willful diminution of services, except under a warrant of restitution executed by a sheriff or constable or after abandonment or surrender.
Where two or more tenants share the lease, Public Local Laws § 9-33 entitles each one to the notices. Read the current text of these sections before relying on them.
What's Specific to Baltimore
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
The double-rent figure is Baltimore's own. It sits in Subtitle 9 (Landlord and Tenant) of the Code of Public Local Laws of Baltimore City, read on codes.baltimorecity.gov.
A text search of Article 13 of the Baltimore City Code, whose index reads Current through July 17, 2026, found no separate holdover rate there.
Public Local Laws § 9-28 applies where "the tenant, after notice, fail to quit at the end of the term". The tenant "may, at the election of the lessor", be held as a tenant "bound to pay double the rent to which the said tenancy was subject", payable on the same terms as the rent originally reserved.
Notice comes first, and then the landlord's choice to use the figure.
On the city's site, § 9-28 sits in the part of Subtitle 9 headed Tenant for Years or Less or at Will. Its neighbours describe year-to-year tenancies (§ 9-11), leases for a month or less that continue after they expire (§ 9-12) and tenancies at will or by sufferance (§ 9-13).
Public Local Laws § 9-26 is the court figure. If a landlord's case to dispossess a tenant ends in the landlord's favour, "the judge shall assess against the tenant holding over the premises, damages not exceeding double the rate of the rent of said tenancy".
The landlord's expenses in the proceeding over and above the legal costs are added, enforced by execution.
§ 9-33 reaches past the original parties. The holding-over sections extend to heirs, executors and assigns and to all persons holding under tenants.
Where there are two or more tenants, each one "shall be entitled to the notices and the benefit of each condition", which makes every name on a shared Baltimore lease worth checking against the notice.
A landlord's statements in a holdover case carry a penalty. Public Local Laws § 9-15(b)(3) and (c) make a landlord's, agent's or operator's false statement in a holding-over case a misdemeanor punishable by a fine of up to $500 or up to 10 days in jail.
For a Baltimore holdover, read things in this order:
- The holdover paragraph in your lease, and the rate it names.
- Any notice to quit, with its date, against the "after notice" in § 9-28.
- Any rent the landlord accepted or consent it gave, against § 8-402(c)(5) and (d).
- Any court papers, against the cap in § 9-26.
The Public Local Laws pages print no currency date, so read the current text of § 9-26 and § 9-28 yourself. A Baltimore tenant lawyer or legal aid office can weigh the lease rate against them before you pay a doubled figure.
Public Local Laws § 9-28 reaches a tenant who, after notice, fails to quit, and the double applies at the landlord's election. A rate running from expiry with no notice is the lease's own.
Compare it with § 8-402(d): consent makes the tenancy periodic month to month, or week to week if it was weekly, unless the written lease says otherwise and you initialed it.
§ 8-216(b) bars taking possession from a tenant holding over by a lockout or willful diminution of services, except under a warrant of restitution or after abandonment or surrender.
A named figure can be set beside the court cap of double the rate of the rent in § 9-26 and the floor at the apportioned lease rent in § 8-402(a).
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
Red Flags to Watch Out For
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Double rent with no notice to quit
Public Local Laws § 9-28 ties the double to a tenant who, after notice, fails to quit, at the landlord's election. A double that starts at expiry with no notice is not using the section's trigger.
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A consent clause with no place for initials
§ 8-402(d) makes a consented holdover month to month unless the written lease says otherwise and the tenant initialed it. A printed term with no initials beside it deserves a close read.
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A payment you assumed cancelled the notice
Under § 8-402(c)(5) a payment accepted after notice does not waive the notice to quit unless both sides agree otherwise in writing. Get any such agreement on paper.
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A lockout or shut-off clause
§ 8-216(b) bars a landlord from taking possession from a tenant holding over by locking the tenant out or by willful diminution of services, outside a warrant of restitution, abandonment or surrender.
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A damages figure above double
§ 9-26 caps a judge's damages in a Baltimore dispossession case at double the rate of the rent, plus expenses beyond legal costs. A lease figure above that is worth reading against § 9-26 and § 8-402(a).
Your Rights as a Baltimore Tenant
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Notice before any double rent
Public Local Laws § 9-28 reaches a tenant who, after notice, fails to quit at the end of the term, and the double rent is the landlord's election.
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A ceiling on court damages
Under § 9-26 a judge assesses damages against a tenant holding over "not exceeding double the rate of the rent", plus the landlord's expenses beyond legal costs.
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Month to month on consent
§ 8-402(d) makes a holdover the landlord consents to a periodic month-to-month tenancy, or week-to-week if it was weekly, unless the written lease says otherwise and you initialed it.
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No lockout while you hold over
§ 8-216(b) bars a landlord from taking possession from a tenant holding over by a lockout or willful diminution of services, except under a warrant of restitution or after abandonment or surrender.
What To Do - Step by Step
Find the end date and the holdover rate
Open the lease and note the date the term ends and the exact rate the holdover paragraph names. Set it beside the double in Public Local Laws § 9-28 and the court cap in § 9-26.
Keep every notice to quit and its date
Photograph it and note the day it arrived. § 9-28 turns on a tenant who, after notice, fails to quit, and under § 9-33 each of two or more tenants is entitled to the notices.
Get any payment agreement in writing
Under § 8-402(c)(5) a payment accepted after notice does not waive the notice to quit unless both sides agree otherwise in writing. Keep receipts for every payment after the term.
Check for your initials on any consent clause
§ 8-402(d) makes a consented holdover month to month unless the written lease says otherwise and you initialed it. Find the paragraph and look for your initials.
Document any lockout or service cut
§ 8-216(b) bars a lockout or willful diminution of services. Date every photograph and message, and note that § 9-15 makes a landlord's false statement in a holdover case a misdemeanor.
Read the current text and get local advice
The Public Local Laws pages print no currency date, so read § 9-26 and § 9-28 as they stand today. Take the lease and any notice to a Baltimore tenant lawyer or legal aid office before paying a doubled figure.