If the tenant stays longer than the term of the lease agreement, even by one extra day, this is considered holding over. A landlord has the option to collect rent from the tenant for the holding over period or to commence legal action to evict the tenant from the premises. W.Va. Code ยง55-3-1. The landlord, but not the tenant, has the legal right to determine whether to continue to view the tenant as a tenant or to view the tenant as a trespasser if the tenant has remained on the premises after the end of the rental period. Voss v. King, 18 S.E. 762 (W.Va., 1893).