Holdover Clause
in Your Lease
What it actually means, what Minnesota law says, what's specific to Minneapolis - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- § 504B.141: when a tenant of urban real estate holds over after the lease expires without the landlord's express agreement, no tenancy for any period other than the shortest interval between rent payments under the expired lease is implied.
- The section sets the length of that implied tenancy and names no rent figure for it. Our record of Chapter 504B, read in full in the 2025 edition, finds no holdover rent multiplier and no double-rent rule.
- § 504B.285, subd. 1(a)(2) lets the person entitled to the premises recover possession by eviction from a person who holds over after the lease term ends, and subd. 1(a)(3) covers a tenant at will who holds over after a notice to quit.
- § 504B.145 limits automatic renewal. To enforce the clause, the landlord must give written notice of it at least 15 days, but not more than 30 days, before the tenant's own notice to quit is due.
- § 504B.135 ends a tenancy at will on written notice at least as long as the interval between the time rent is due or three months, whichever is less. Our record of Minneapolis Title 12 finds no city holdover rate, multiplier or penalty.
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 Minneapolis renter should know that the rate comes from the lease, not from a Minnesota section our record read.
Our record of Minnesota Statutes Chapter 504B, read in full, finds no holdover rent multiplier and no double-rent rule. What the chapter does is fix the shape of the stay. § 504B.141 limits the tenancy implied when you stay without the landlord's express agreement, and § 504B.285 makes holding over a ground for eviction.
Two more sections bear on the end of a term: § 504B.145 on automatic renewal clauses, and § 504B.135 on ending a tenancy at will. This page takes each in turn, then what our record of Minneapolis's code adds.
What renters assume
A lease that charges a premium for a holdover must be repeating a Minnesota figure, so the higher rate starts the day the term ends.
What is actually true
Our record of Chapter 504B, read in full, finds no holdover rent multiplier and no double-rent rule. § 504B.141 sets the length of the tenancy implied after expiry and names no rent figure for it, which leaves the paragraph you signed as the document that states any holdover charge.
Seven of the 21 rows in the comparison on this page carry a 2: New York City, Miami, Chicago, Phoenix, Washington, Newark and Baltimore. Fourteen of the 21 rows carry no multiplier, and Minneapolis is one of them.
Those fourteen do not all read alike. Eleven labels read No multiplier, Minneapolis's among them, beside Los Angeles, Seattle, Denver, Atlanta, Nashville, Portland, Boston, Columbus, Detroit and Charlotte.
Philadelphia reads "No statutory multiplier", Austin reads "No cap - lease controls", and Las Vegas reads "No rent multiplier (3x damages)".
Minneapolis's blank is scoped to what our record read: Chapter 504B in full, and the city's housing title. What the sections our record read do set is a length rather than a price: § 504B.141 implies no tenancy longer than the shortest interval between rent payments under the expired lease.
Plain English Version
The Minnesota sections our record read put no multiple on staying late. If you stay after your lease expires without the landlord's express agreement, the law implies a tenancy no longer than the shortest gap between rent payments under the old lease, so a month if you paid monthly.
The landlord can recover the unit through an eviction case. Any premium the lease names is a lease term.
If your lease renews itself unless you give notice, the landlord has to point you to that clause in writing before it can enforce it, inside a set window before your notice is due.
Holdover Clause Example - What the Wording Looks Like in Minneapolis, MN
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.
“possession of the Premises after the term of this lease expires, the”
The lease starts at expiry with the tenant still inside, and so does Minnesota's statute. § 504B.141 covers a tenant who holds over and retains possession after expiration of the lease without the landlord's express agreement. No tenancy is implied for that tenant “for any period other than the shortest interval between the times of payment of rent under the terms of the expired lease”. The section sets that length and names no rent figure for it.
“or sue for possession”
Minnesota calls this an eviction. § 504B.285, subd. 1(a)(2) lets the person entitled to the premises recover possession when “any person holds over real property after termination of the time for which it is demised or leased”. Subd. 1(a)(3) covers a tenant at will who “holds over after the termination of the tenancy by notice to quit.”
“without Lessor[']s consent”
The lease prices a stay the landlord did not consent to. § 504B.141 draws a close line in its own words, the landlord's “express agreement”. Without it, the tenancy the law implies runs no longer than one rent interval under the expired lease; with it, the agreement is the document to read.
“lease, the monthly rental shall be 150%”
This is a contract rate. Our record of Minnesota Statutes Chapter 504B, read in full in the 2025 edition, finds no holdover rent multiplier and no double-rent rule. None of §§ 504B.135, 504B.141, 504B.145 or 504B.285 attaches a rate to the days past the term, which leaves the paragraph you signed as the document that states this figure.
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.
Minnesota Law on Holdover Clause
- Section 504B.141 reads in full: "When a tenant of urban real estate, or any interest therein, holds over and retains possession after expiration of the lease without the landlord's express agreement, no tenancy for any period other than the shortest interval between the times of payment of rent under the terms of the expired lease shall be implied." The section sets the length of the implied tenancy and names no rent figure for it.
- Holding over is a ground for eviction. Section 504B.285, subd. 1(a)(2) lets the person entitled to the premises recover possession when "any person holds over real property after termination of the time for which it is demised or leased", contrary to the lease, or after rent becomes due, and subd. 1(a)(3) covers a tenant at will who "holds over after the termination of the tenancy by notice to quit." Subdivision 1(b) adds that a tenant who gave notice under § 504B.206 but did not leave by the date in that notice may be evicted.
- An automatic renewal clause is limited. Under § 504B.145, to enforce a clause that renews a lease of two months or more for another two months or more unless the tenant gives notice to quit, the landlord must give written notice directing the tenant's attention to the clause, served personally or by certified mail "at least 15 days, but not more than 30 days prior to the time that the tenant is required to furnish notice of an intention to quit."
- Section 504B.135 lets either party end a tenancy at will by written notice "at least as long as the interval between the time rent is due or three months, whichever is less." None of §§ 504B.135, 504B.141, 504B.145 or 504B.285 attaches a multiplier or a rate to the days a tenant stays past the end of the term, which leaves the paragraph in the signed lease as the document that states any holdover charge.
Sources include Minn. Stat. § 504B.141; Minn. Stat. § 504B.285; Minn. Stat. § 504B.145; Minn. Stat. § 504B.135 - statutes change; verify the current text for your situation.
The Minnesota sections our record read treat a holdover as a question of how long and how it ends, and they attach no rent multiple to it. Minn. Stat. § 504B.141 covers a tenant of urban real estate who "holds over and retains possession after expiration of the lease without the landlord's express agreement."
For that tenant, "no tenancy for any period other than the shortest interval between the times of payment of rent under the terms of the expired lease shall be implied." The section sets the length of the implied tenancy and names no rent figure for it.
Holding over is a ground for eviction. § 504B.285, subd. 1(a)(2) lets the person entitled to the premises recover possession when "any person holds over real property after termination of the time for which it is demised or leased", contrary to the lease, or after rent becomes due. Subd.
1(a)(3) covers a tenant at will who "holds over after the termination of the tenancy by notice to quit."
Subd. 1(b) adds one more case. A tenant who gave notice under § 504B.206, the section on ending a lease for fear of violence, but did not leave by the date in that notice may be evicted.
Automatic renewal is the other way a term runs on. Under § 504B.145, a clause may renew a lease of two months or more for another two months or more unless the tenant gives notice to quit.
To enforce it, the landlord must give written notice directing the tenant's attention to the clause.
That notice must be served personally or by certified mail "at least 15 days, but not more than 30 days prior to the time that the tenant is required to furnish notice of an intention to quit."
Where the stay becomes a tenancy at will, § 504B.135 lets either party end it by written notice "at least as long as the interval between the time rent is due or three months, whichever is less."
None of §§ 504B.135, 504B.141, 504B.145 or 504B.285 attaches a multiplier or a rate to the days a tenant stays past the end of the term. Our record's account rests on Chapter 504B read in full in the 2025 edition, and the 2026 session laws the Revisor lists against the chapter do not amend § 504B.141.
Read the current text on the Revisor's site before relying on it.
Minnesota Tenant Protections
The sections our Minnesota record read attach no multiple to a holdover tenant's rent, which leaves the paragraph you signed as the document that states any premium. What the statutes fix is the length of the stay.
Under § 504B.141, a tenant who holds over after the lease expires without the landlord's express agreement has no implied tenancy for any period other than the shortest interval between rent payments under the expired lease.
The route back to the unit is an eviction: § 504B.285, subd. 1(a)(2) covers a person who holds over after the lease term ends, and subd. 1(a)(3) a tenant at will who holds over after a notice to quit. An automatic renewal clause has a condition attached.
To enforce one on a lease of two months or more, § 504B.145 requires written notice directing the tenant's attention to the clause.
It is served personally or by certified mail at least 15 days but not more than 30 days before the tenant's notice to quit is due. Where the stay is a tenancy at will, § 504B.135 lets either party end it by written notice at least as long as the interval between the time rent is due or three months, whichever is less.
Our record of Minneapolis Title 12 finds no city holdover rate, multiplier or holdover penalty.
Read the current text of these sections before relying on them.
What's Specific to Minneapolis
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.
Our record of Minneapolis Title 12 (Housing), read on Municode's copy codified through Ordinance No. 2026-020, adopted June 25, 2026, finds no city holdover rate, multiplier or holdover penalty. A text search of that title for holding-over language returned no holdover provision.
That is a statement about the title read, not a survey of every Minneapolis ordinance. Municode lists three ordinances not yet codified, Nos. 2025-047, 2026-024 and 2026-025, and their searchable pages concern rental licensing and license appeals, liquor and beer, and animal care.
The first page of No. 2025-047 is a scanned image, so check the current code before relying on the absence of a city rule.
For a Minneapolis renter the sequence therefore runs through state law. A landlord who wants the unit back after the term recovers possession by eviction under § 504B.285.
A rate in the lease above your ordinary rent is the landlord's claim under the lease, not a figure the Minnesota sections our record read supply.
The first thing to settle is whether you are holding over at all. § 504B.141 is written for a stay without the landlord's express agreement. If the landlord did agree to your staying on, that agreement is the document to read, so keep every message about it with its date.
The second is whether your lease renewed itself. If it carries an automatic renewal clause, look for the written notice § 504B.145 asks of the landlord, served personally or by certified mail at least 15 days, but not more than 30 days, before your own notice to quit is due. Keep the envelope and note the day it arrived.
The third is whether a case has been filed. If eviction papers arrive at your Minneapolis address, they and the date you received them are the first documents to keep, beside the lease and any notice to quit, because § 504B.285 is the route the landlord's claim to the unit runs through.
For a Minneapolis holdover, read things in this order:
- The holdover paragraph in your lease, and the rate it names.
- Any express agreement by the landlord to your staying on.
- Any renewal clause, and whether the landlord's notice under § 504B.145 arrived in its window.
- Any notice to quit you received, with its date, against § 504B.135.
- Any eviction papers under § 504B.285.
A Minneapolis tenant lawyer or legal aid office can weigh the lease rate against those sections before you pay a premium.
Our record of Chapter 504B, read in full, finds no holdover rent multiplier and no double-rent rule. A premium is a term of the lease.
A named figure can be set beside the rent you paid. § 504B.141 sets the length of the implied tenancy and names no rent figure for it.
Compare it with § 504B.141: without the landlord's express agreement, no tenancy longer than the shortest interval between rent payments under the expired lease is implied.
To enforce that clause, § 504B.145 requires the landlord's written notice, served personally or by certified mail at least 15 days, but not more than 30 days, before your notice is due.
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- Minn. Stat. § 504B.141; Minn. Stat. § 504B.285; Minn. Stat. § 504B.145; Minn. Stat. § 504B.135, read on revisor.mn.gov. The Minnesota Revisor of Statutes prints § 504B.141 as part of the 2025 Minnesota Statutes with the History line "1999 c 199 art 1 s 9", and the 2026 session laws the Revisor lists against Chapter 504B do not amend it.
Red Flags to Watch Out For
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A multiplier presented as Minnesota law
Wording that attributes a doubled or higher rent to Minnesota itself. Our record of Chapter 504B, read in full in the 2025 edition, finds no holdover rent multiplier.
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An automatic renewal with no reminder
To enforce a renewal clause on a lease of two months or more, § 504B.145 requires written notice directing your attention to it, at least 15 days but not more than 30 days before your notice to quit is due.
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A notice to quit shorter than the rent interval
§ 504B.135 ends a tenancy at will on written notice at least as long as the interval between the time rent is due or three months, whichever is less. A clause promising less deserves a close read.
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A way back into the unit other than eviction
§ 504B.285 lets the person entitled to the premises recover possession by eviction from a person holding over. A clause describing any other route back in is worth showing to a lawyer.
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A charge with no account behind it
None of §§ 504B.135, 504B.141, 504B.145 or 504B.285 attaches a rate to the days past the term. Ask in writing what any holdover charge is for.
Your Rights as a Minneapolis Tenant
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No statutory multiple of your rent
Our record of Chapter 504B, read in full, finds no holdover rent multiplier and no double-rent rule.
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An implied tenancy of one rent interval
Without the landlord's express agreement, § 504B.141 implies no tenancy for any period other than the shortest interval between rent payments under the expired lease.
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A written reminder before automatic renewal
§ 504B.145 requires the landlord's written notice of an automatic renewal clause at least 15 days but not more than 30 days before your notice to quit is due.
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Possession decided through eviction
§ 504B.285 sets out when the person entitled to the premises may recover possession by eviction, including from a person who holds over after the lease term ends.
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. That rate is a lease term, not a figure from the Minnesota sections our record read.
Note any express agreement to stay
§ 504B.141 turns on whether the landlord expressly agreed. Keep any email, text or letter about staying on, with its date.
Check for an automatic renewal clause
If one is there, look for the landlord's written notice under § 504B.145, served personally or by certified mail, and note the day it arrived.
Keep every notice to quit
Photograph it and note the date. § 504B.135 sets the notice for a tenancy at will at the interval between the time rent is due or three months, whichever is less.
Check the code and the statute text today
Our record of Minneapolis Title 12 runs through Ordinance No. 2026-020, adopted June 25, 2026, and later ordinances are not covered. Read the current text of Chapter 504B on the Revisor's site.
Get local advice before paying a premium
Take the lease, any notice and any eviction papers to a Minneapolis tenant lawyer or legal aid office. Bring the date the term ended and a record of every payment made since.