real estate
Tenancy at sufferance
A lessee who legitimately comes into possession of a landlord's real estate but who continues to occupy the premises unlawfully after her or his lease rights have ended is said to have an unlawful tenancy.
A tenancy at sufferance occurs when a tenant continues to occupy a property after their lease has expired or been terminated, without the landlord's explicit permission but also without the landlord taking action to remove them. The tenant was once a lawful tenant (under a valid lease), but they're now "holding over" beyond their legal right to occupy the property.
- The tenant has no contractual right to be there, as their lease has ended
- Unlike trespassing, the tenant originally had legal permission to occupy the property
- The landlord has not yet given explicit consent for the continued occupancy
- The tenant is still obligated to pay rent at the previous rate
- The landlord maintains the right to evict the tenant at any time without notice
For example, if a tenant's 12-month lease expires on December 31st, but they continue living in the property into January without signing a new lease and without the landlord taking any action, they become a tenant at sufferance. The landlord can either:
- Accept rent and create a new tenancy
- Refuse rent and pursue eviction
- Negotiate a new lease agreement
This differs from a tenancy at will, where the landlord has given permission for the tenant to stay without a formal lease agreement.