Tenancy at Sufferance
Tenancy at sufferance refers to a situation in real estate where a tenant continues to occupy a property after the expiration of their lease without the landlord’s consent. This type of tenancy arises when the tenant remains in possession of the property, either intentionally or unintentionally, after their legal right to occupy it has ended.
In a tenancy at sufferance, the tenant does not have the landlord’s permission to stay, meaning they are not protected by the rights typically afforded to tenants under a lease agreement. While the tenant’s initial occupancy was lawful, their continued presence is unauthorized, placing them in a precarious position with respect to their tenancy status.
Example: Suppose a tenant’s lease ends on March 31st, but they choose to remain in the property without any agreement or renewal with the landlord. The landlord can choose to evict the tenant, as the tenant is now in a state of tenancy at sufferance. During this period, the landlord may also decide to accept rent payments, which could potentially convert the arrangement into a periodic tenancy, depending on local laws and the specific circumstances.
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