Tenancy at Sufferance occurs when a tenant remains in a rental property after their lease has expired. This is considered wrongful and not permitted. In such cases, the landlord has the right to charge the tenant rent for the additional time they stayed beyond their lease agreement and can also enforce a new tenancy.
A tenancy at sufferance refers to the situation where a tenant remains in a rental property after their lease has expired without the landlord’s consent. This is commonly known as “holding over.” In this scenario, the tenant no longer possesses a legal right to occupy the property, but the landlord has not yet initiated any legal measures to evict them. For instance, if a tenant’s lease terminates on December 31st, but they continue to reside in the property without renewing the lease or vacating, they are now considered a tenant at sufferance. The landlord can either choose to evict the tenant or permit them to stay and collect rent for the duration they remain in the property. Another example would be if a tenant is legally evicted through the court system but refuses to leave the property. In this case, they become a tenant at sufferance, and the landlord can take legal action to remove them.
Tenancy at sufferance is a type of tenancy that occurs when a tenant remains in possession of a property after their lease has expired without the landlord’s permission.
Tenancy at sufferance differs from other types of tenancy in that the tenant no longer has a legal right to occupy the property.
Yes, a landlord can evict a tenant at sufferance by giving them notice to vacate the property.
The amount of notice required varies by state, but it is typically between 3-30 days.
Yes, a tenant at sufferance can be held liable for rent for the period of time they remained in the property after their lease expired.
No, a landlord cannot change the locks on a property to evict a tenant at sufferance. They must follow the legal eviction process.
No, a tenant at sufferance cannot sue the landlord for damages because they are occupying the property illegally.
No, a tenant at sufferance cannot be granted a new lease because they are occupying the property illegally.
No, a tenant at sufferance cannot be granted a right of first refusal because they are occupying the property illegally.
No, a tenant at sufferance cannot be granted a security deposit refund because they are occupying the property illegally.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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