After the termination of the lease—regardless of the reason (e.g. expiration of the agreed term, termination by either party, etc.)—the obligation to pay rent no longer exists.
Instead of rent, the tenant is liable to pay compensation for use of the property, provided they unlawfully retain possession of the premises.
Equals the amount of the rent agreed upon at the time the lease ended. While it is the same in value, it is not considered rent, but compensation.
Is not subject to stamp duty, as stamp duty applies only to actual lease payments.
Is not subject to lawful rent adjustments (e.g. annual increases), since it is not rent.
Any further damages, e.g. lost income due to another prospective tenant being unable to lease the property.
Any contractual penalty, if such a clause was included in the lease agreement.
The compensation for use becomes payable only after formal notice to the tenant (e.g. via extrajudicial notice or lawsuit).
The lease must have legally ended.
The tenant must be unlawfully withholding the property (i.e. without a renewal agreement or other lawful cause).
From that moment:
The compensation is due and payable.
It begins to accrue interest, as it is considered overdue debt.
