Tenancy at Sufferance

Definition

Tenancy at sufferance occurs when a tenant, who once had lawful possession of real property, continues to occupy the premises without the landlord’s consent after the termination of the lease agreement. This type of tenancy is neither lawful nor fully unlawful but rather exists in a legal grey area until the landlord either takes legal action to evict the tenant or consents to the tenant’s continued occupancy.

Examples

Residential Lease Expiration: Jane was renting an apartment under a one-year lease. When the lease expired, Jane did not vacate the apartment and continued to live there without signing a new lease or obtaining consent from the landlord. Jane is now a tenant at sufferance.
Commercial Lease Holdover: A business was leasing office space for five years. After the lease expired and the business did not vacate the premises, the landlord did not immediately take action. The business remains as a tenant at sufferance.

Frequently Asked Questions

Q1: What rights does a tenant at sufferance have?

A1: A tenant at sufferance has very limited rights and occupies the property at the landlord’s will. The landlord can evict the tenant at any time without notice, as long as the eviction process complies with local laws.

Q2: Can a landlord charge rent to a tenant at sufferance?

A2: Yes, a landlord can charge rent for the period the tenant remains in possession. Sometimes, the rent may be higher than the previous lease amount, as specified in the holdover clause of the original lease.

Q3: How does a tenancy at sufferance end?

A3: Tenancy at sufferance can end by the landlord’s action to evict the tenant, the tenant voluntarily leaving the premises, or the landlord agreeing to a new lease arrangement with the tenant.

Q4: What is the difference between tenancy at sufferance and trespassing?

A4: A tenant at sufferance initially had legal possession of the property, whereas a trespasser never had lawful possession.

Lease: A contractual agreement where a landlord allows a tenant to use the property for a specified period in exchange for payment.
Holdover Tenant: A tenant who remains in the rental property after the lease term has ended without the landlord’s explicit permission.
Eviction: The legal process by which a landlord removes a tenant from rental property.

Online Resources

Suggested Books for Further Studies

“Landlords’ Rights & Duties in Georgia” by Don Sabatini
“The American Law of Landlord and Tenant” by John Neilson Taylor
“Property: Examples & Explanations” by D. Barlow Burke and Joseph Snoe

Fundamentals of Tenancy at Sufferance: Real Estate Basics Quiz

### What is tenancy at sufferance? - [ ] When a tenant lawfully possesses the property under a valid lease. - [x] When a tenant continues to occupy the premises without the landlord's consent after the lease expires. - [ ] When a tenant illegally occupies a property. - [ ] When a tenant has a month-to-month lease. > **Explanation:** Tenancy at sufferance occurs when a tenant who had legal possession under a lease continues to occupy the premises without the landlord’s consent after the lease has expired. ### Can a landlord evict a tenant at sufferance without notice? - [x] Yes, but the eviction must comply with local laws. - [ ] No, a formal notice period is required. - [ ] Yes, at any time without any legal process. - [ ] No, the tenant must be given a 60-day notice. > **Explanation:** While a tenant at sufferance can be evicted, the eviction must follow local legal procedures, although this usually implies immediate ability to take action. ### What term describes a tenant who remains after the lease term without the landlord's explicit permission? - [ ] Guest - [ ] Trespasser - [x] Holdover Tenant - [ ] Subtenant > **Explanation:** A holdover tenant is a tenant who remains in the rental property after the lease term has ended without explicit permission of the landlord. ### Which of the following is not a right of a tenant at sufferance? - [ ] The right to be free from unlawful eviction. - [x] The right to renew the lease under the same terms. - [ ] The right to challenge illegal landlord actions. - [ ] The right to receive receipt for any paid rent. > **Explanation:** A tenant at sufferance does not have the right to renew the lease under the same terms without the landlord’s consent. ### If a landlord accepts rent from a tenant at sufferance, what can it imply? - [x] It can imply consent to a new tenancy agreement. - [ ] It nullifies the previous lease agreement. - [ ] It has no legal implication. - [ ] It mandates a 30-day lease. > **Explanation:** Accepting rent can indicate the landlord’s consent to a new tenancy, potentially converting the tenancy at sufferance to a periodic lease. ### What action should a landlord take to remove a tenant at sufferance legally? - [ ] Change the property locks. - [x] File for an eviction through the court. - [ ] Call the police for immediate removal. - [ ] None, as the tenant has already left. > **Explanation:** The landlord should file for an eviction through the court to remove a tenant at sufferance legally. ### Can a landlord charge higher rent for a tenant at sufferance? - [x] Yes, if specified in the holdover clause. - [ ] No, the original rent must apply. - [ ] Yes, but only up to 10% more. - [ ] No, they cannot charge rent. > **Explanation:** The landlord can charge higher rent if it is specified in the holdover clause of the original lease agreement. ### What is a key difference between tenancy at sufferance and tenancy at will? - [ ] A tenancy at sufferance is permanent. - [ ] Tenancy at will requires a lease agreement. - [x] Tenancy at sufferance continues without landlord's consent after lease expiration. - [ ] Tenancy at will requires monthly rent payments. > **Explanation:** Tenancy at sufferance continues without the landlord's consent after the lease expiration, whereas tenancy at will allows either party to terminate the tenancy at any time. ### What term refers to the legal action where a landlord removes a tenant from a property? - [x] Eviction - [ ] Foreclosure - [ ] Reconciliation - [ ] Adhesion > **Explanation:** Eviction refers to the legal process by which a landlord removes a tenant from rental property. ### Why must landlords follow local laws when evicting a tenant at sufferance? - [ ] To ensure they can legally keep the tenant’s belongings. - [ ] To avoid repairing the property. - [x] To avoid legal consequences and uphold property rights. - [ ] To receive immediate compensatory rent. > **Explanation:** Landlords must follow local laws to avoid legal consequences and ensure the eviction process is legally binding and fair.

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