What Is Tenancy at Sufferance?

What Is Tenancy at Sufferance?

Let me explain tenancy at sufferance directly: it's when you, as a tenant, keep occupying a property after your lease has ended, and there's no new agreement in place. The landlord can still collect rent for that extra time, but you don't have actual permission to stay. This setup lasts until the landlord evicts you or decides to extend the lease.

This can drag on until the landlord gets an eviction order or chooses to extend things. Compare it to tenancy at will, where you're there with the owner's consent but maybe without a written lease.

Key Takeaways

You need to know that tenancy at sufferance kicks in when a tenant stays on after lease expiration without consent. The word 'sufferance' here means no real approval, just a lack of objection. A holdover tenant like this could face eviction, and in some states, even trespassing charges.

Understanding Tenancy at Sufferance

Tenancy at sufferance, or estate at sufferance or holdover tenancy, starts when a tenant who had legal possession—say, from a lease—stays without the owner's okay. The main thing separating this from a plain trespasser is that you entered legally but now you've worn out your welcome.

States vary on definitions, so check if an occupant turns into a trespasser after the lease ends.

Ways a Tenancy at Sufferance Can Be Put Into Effect

This can happen in scenarios like during eviction proceedings. If your lease ends and you won't leave, the landlord might start legal action to get you out, especially if they have a new tenant lined up.

While eviction is underway, you're supposed to keep paying rent per the old terms. But in some places, landlords shouldn't accept that rent, because it might look like they're renewing the lease and stopping the sufferance status.

Evictions can take months depending on the state, and during that, the landlord has to put up with you being there. To speed things up, they might offer a buyout to get you to leave faster—it's costly but quick. Or if you sign a new lease, the sufferance ends, and you're under new rules.

What Is the Difference Between Tenancy at Sufferance and Tenancy at Will?

Here's the difference: tenancy at sufferance is you staying past your lease without permission, while tenancy at will means you're there with the landlord's consent but no formal lease.

Can a Tenant at Sufferance Be Considered a Trespasser?

A tenant at sufferance isn't exactly a trespasser, but in some cases, if you stay without consent after the lease expires, you could be treated as one.

How Long Can a Tenancy at Sufferance Last?

It lasts until the landlord evicts you, accepts rent for the period, or makes a new lease. The timeline depends on your location and the courts.

The Bottom Line

Tenancy at sufferance is straightforward: you overstay your lease without consent, and while you started legally, now you're at risk of eviction or other actions. Landlords have to handle evictions carefully—don't accept rent if it could extend the lease. Often, a buyout or new agreement resolves it faster. Both sides should know their rights to skip long fights.