What Is Tenancy at Sufferance?
Tenancy at sufferance occurs when a tenant remains in the property after their lease term has expired without a new agreement. In this scenario, the landlord can uphold the terms of the original lease and collect rent until an eviction order is obtained or the lease is extended.
This is different from tenancy at will, where a tenant stays with the owner’s consent without a written contract or formal lease.
Understanding Tenancy at Sufferance
Tenancy at sufferance (also known as “estate at sufferance” or “holdover tenancy”) happens when a tenant who previously held lawful possession stays beyond the lease period without the owner’s consent. The key difference between a holdover tenant at sufferance and a trespasser is that the tenant initially entered the property legally.
Each state has its legal criteria for determining if an occupant is a trespasser after the expiration of a lease agreement.
Key Takeaways
- Tenancy at sufferance refers to tenants who have overstayed their expired lease without the landlord’s permission, but haven’t been evicted yet.
- The term sufferance implies the absence of protest without genuine approval.
- A holdover tenant at sufferance can face eviction and may be accused of trespassing depending on state law.
Enacting Tenancy at Sufferance
Several circumstances can trigger a tenancy of sufferance, including eviction proceedings. For instance, when a lease ends but the tenant does not vacate and the landlord plans to lease to new occupants. The landlord can initiate legal action, but the tenant remains unable to be forcibly removed until the process is completed.
During the eviction process, tenants must adhere to the terms of the original lease. Some jurisdictions, however, advise landlords against accepting rent during this time as it might extend the lease agreement. The duration of the eviction process varies widely by jurisdiction, and the property owner must manage the tenancy at sufferance in the interim.
A landlord may opt for a tenant buyout to expedite vacating the property. Though costlier, it provides a faster resolution. If accepted, the tenancy at sufferance ends, obligating the tenant to leave.
Lastly, offering a new lease can also terminate the tenancy at sufferance, binding the tenant to new lease terms upon mutual agreement.
Related Terms: lease, landlord, holdover tenant, eviction, tenancy at will.
References
- Cornell Law School Legal Information Institute. “Tenancy at Sufferance”.
- Cornell Law School Legal Information Institute. “Tenancy at Will”.
- Cornell Law School Legal Information Institute. “Holdover Tenant”.
- Cornell Law School Legal Information Institute. “Eviction”.
Get ready to put your knowledge to the test with this intriguing quiz!
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## What is a tenancy at sufferance?
- [x] When a tenant remains in possession of a property after their lease has expired without the landlord's consent
- [ ] When a tenant has a long-term lease agreement
- [ ] When a tenant lives in a property rent-free
- [ ] When a tenant and landlord have a renewed lease agreement
## What is another term for a tenancy at sufferance?
- [ ] Tenancy in common
- [ ] Joint tenancy
- [x] Holdover tenancy
- [ ] Tenancy by the entirety
## How does a tenancy at sufferance typically end?
- [ ] By renewing the lease
- [x] By eviction or creation of a new lease agreement
- [ ] When the tenant decides to leave
- [ ] By the landlord selling the property
## What rights does a tenant at sufferance have?
- [ ] Full tenant rights as specified in the original lease
- [x] Limited rights, essentially the right to occupy the property until the landlord acts
- [ ] The right to demand a new lease
- [ ] The right to make modifications to the property
## What obligation does a tenant at sufferance have towards the landlord?
- [x] Obligation to pay rent for the time they remain in the property
- [ ] Obligation to purchase the property
- [ ] No specific obligations
- [ ] Obligation to vacate within 24 hours
## What legal action can a landlord take against a tenant at sufferance?
- [ ] Offer a new lease
- [x] File for eviction
- [ ] Grant ownership of the property
- [ ] Allow indefinite stay
## Can a tenant at sufferance be considered a squatter?
- [ ] No, they still have legal possession of the property
- [x] Yes, because they remain without legal right after the lease expired
- [ ] No, because they pay rent regularly
- [ ] No, because they signed a renewed contract
## What distinguishes a tenant at sufferance from a tenant at will?
- [ ] The tenant at sufferance pays no rent
- [ ] The tenant at will has no lease agreement
- [x] The tenant at will has the landlord’s permission to stay, but the tenant at sufferance does not
- [ ] The tenant at sufferance owns part of the property
## How might a landlord prevent a situation of tenancy at sufferance?
- [x] By ensuring all lease agreements have clear terms about the end of tenancy and renewals
- [ ] By never leasing the property
- [ ] By offering perpetual leases
- [ ] By frequently inspecting the property
## In a tenancy at sufferance, can the landlord immediately remove the tenant?
- [ ] Yes, they can remove the tenant without notice
- [ ] Yes, as soon as the lease expires
- [x] No, they must go through a legal eviction process
- [ ] Yes, within 48 hours
