Tenancy at Sufferance
Tenancy at sufferance also known as “holdover tenancy,” tenancy at sufferance occurs when a tenant wrongfully remains on the property without a valid lease or rental agreement in place.
Key aspects of tenancy at sufferance include:
1. Expiration of Lease: Tenancy at sufferance typically arises when a tenant remains in possession of a property beyond the expiration of their lease term. This can occur when the tenant fails to vacate the property upon the expiration of their lease agreement or when the landlord terminates the lease but the tenant refuses to leave.
2. Lack of Consent: Unlike other forms of tenancy where the landlord consents to the tenant’s occupancy, tenancy at sufferance occurs without the landlord’s permission. The tenant’s continued occupancy of the property is unauthorized and may be considered wrongful under the law.
3. No Fixed Term: Unlike a traditional lease agreement, tenancy at sufferance does not have a fixed term or duration. The tenant’s right to occupy the property is uncertain and can be terminated by the landlord at any time.
4. Rent Obligations: In some jurisdictions, tenants in a tenancy at sufferance may still be obligated to pay rent for the period of their unauthorized occupancy. However, the landlord may have limited legal recourse to enforce rent payments or collect damages from the tenant.
5. Eviction Process: To remove a tenant in a tenancy at sufferance, the landlord must typically follow the legal eviction process prescribed by state or local law. This may involve providing the tenant with a notice to vacate the premises and, if necessary, filing a lawsuit in court to obtain an eviction order.
6. Limited Rights: Tenants in a tenancy at sufferance have limited legal rights and protections compared to tenants with valid lease agreements. They may be subject to immediate eviction by the landlord and may have limited recourse to contest the eviction or seek damages for wrongful eviction.
Overall, tenancy at sufferance is a legal concept that describes the unauthorized occupancy of a property by a tenant after the expiration of their lease agreement. Landlords should be aware of their rights and legal options for removing holdover tenants, while tenants should understand the potential consequences of remaining on the property without the landlord’s consent.