Tenancy at Sufferance

What is Tenancy at Sufferance?

Tenancy at sufferance occurs when a tenant remains in possession of a property after their lease has expired, without the explicit consent of the landlord. This situation often arises when a tenant stays in the rental property beyond the agreed lease term (commonly known as a “holdover tenant”) but has not signed a new lease or received permission from the landlord to stay.

While the tenant no longer has the legal right to occupy the property, their presence isn’t considered trespassing as the initial occupancy was lawful under the lease. The landlord, however, has the legal right to either evict the tenant or offer a new lease agreement.

Key Features of Tenancy at Sufferance

• How it Occurs: A tenancy at sufferance is created when a tenant, who was once in lawful possession of a property, continues to occupy the premises after the lease has expired without landlord approval. This differs from tenancy at will or periodic tenancy, where some level of consent or a formal arrangement exists.

• Limited Tenant Rights: During this period, the tenant has minimal rights compared to other forms of tenancy. The landlord may begin eviction proceedings, and the tenant may be responsible for rent or other costs during their continued occupancy, but they have no legal right to remain long-term.

• Landlord’s Rights: The landlord has several options:

  • Eviction: The most common approach is for the landlord to pursue eviction to remove the tenant from the property.
  • Create a New Tenancy: Alternatively, the landlord may decide to offer a new lease or allow the tenant to continue under a month-to-month rental arrangement.

Legal Considerations

Tenancy at sufferance can vary by jurisdiction, but certain legal principles apply in most cases:

• Eviction Process: In many places, landlords must follow formal eviction procedures, even if the tenant is in tenancy at sufferance. This often includes providing a notice period before filing for eviction with the courts.

• Rent and Liability: In some jurisdictions, the tenant may be required to pay rent for the time they remain in the property after the lease expires. This rent is often charged at the rate established in the expired lease or a higher “holdover” rate, sometimes calculated as double the original rent.

• Local/State Laws: Local and state laws will dictate specific timelines and legal remedies for both landlords and tenants in cases of tenancy at sufferance, so it’s important for both parties to be aware of their legal rights.

Common Questions about Tenancy at Sufferance

Can the tenant be evicted immediately?

No, even though the tenant is no longer legally entitled to stay, landlords generally must follow formal eviction procedures, which may include providing proper notice. The timeline for eviction varies by location.

How long can a tenancy at sufferance last?

A tenancy at sufferance lasts as long as the tenant remains in the property without the landlord’s consent. However, most landlords will move quickly to either formalize the arrangement or begin eviction proceedings.

What’s the difference between a holdover tenant and tenancy at sufferance?

A holdover tenant is a tenant who remains in a property after their lease has expired. A tenancy at sufferance is the legal term for the period in which a holdover tenant remains on the property without the landlord’s permission. Not all holdover tenants lead to tenancy at sufferance, as landlords may agree to a new lease or rental terms with the tenant.