Holding over
Defined in 6 dictionaries — Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Bouvier (1839)
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
The act of keeping possession by the tenant, without the consent of the landlord, of premises which the latter, or those under whom he claims, had leased to the former, after the term has expired. When a proper notice has been given, this injury is remedied by ejectment, or, under local regulations, by summary proceedings. See Lesley v. Randolph, 4 Rawle (Pa.) 123; 2 Bla. Com. 150; 3 id. 210; Woodf. L. & T. 788. A tenant enters on another term by holding over, notwithstanding bis inability to move on the day the term ended; Haynes V. Aldrich, 133 N. Y. 287, 31 N. E. 94, 28 Am. St. Rep. 630; Cavanaugh v. Clinch, 88 Ga. 610, 15 S. E. 673. If a lessee for years holds over, the landowner has the legal option to treat him as a trespasser or as a tenant for another year; Scott v. Beecher, 91 Mich. 690, 62 N. W. 20; Voss v. King, 38 W. Va. 607, 18 S. El. 762; Hall Steam Power Co. v. Printing Press & Mfg. Co., 8 Mlsc. 430, 28 N. Y. Supp. 662. And the law presumes this hold- 762. See Haeussler v. Paper-Box Co., 49 Mo. App. 631; Lanolobo and Tenant; Fobcibue Entby and Dbtaineb. The term is also applied to the retaining possession of a public office by an Incumbent, after his term has expired, which is not always unlawful, as such action is sometimes authorized by statute or common law, to prevent an interregnum.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Law Dictionary and Glossary
George C. Kinney · 1893
A holding beyond a term; a continuing in possession, after the expiration of a term. Holding up the hand: a formality observed in the arraignment of prisoners, and in the administration
A Dictionary of Law
Henry Campbell Black · 1891
A holding beyond a tern; a continuing in possession after the expiration of a term. ‘The act of keeping possession of premises leased, after the expiration of the term of the lease, without the consent of the landlord; or of an office after the expiration of the incumbent’s legal term.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
the act of keeping possession by the tenant, without the consent of the landlord, of premises which the latter, or those under whom he claims, had leased to the former, after the term has expired. When a proper notice has been given, this injury is remedied by ejectment, or, under local regulations, by summary proceedings. Vide 2 Yeates’s R. 523; 2 Serg. & Rawle, 486; 5 Binn. 228; 8 Serg. & Rawle, 459; 1 Binn. 334, n.; 6 Serg. & Rawle, 174; 2 Serg. & Rawle, *50; 4 Rawle, 123.