Tenancy At Sufferance Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Tenancy At Sufferance, written in plain English, along with examples of how it is used.

What is Tenancy At Sufferance?

The possession of the property even after the expiry of the lease by the tenant till the time the landlord takes action to make him/her to vacate the property.The landlord can ask the tenant to leave without prior notice or can renew the lease he had with this tenant. The authorities have right to claim rent for that period after expiry till the time stayed.It is also known as holdover tenancy.

History and Meaning of Tenancy At Sufferance

Tenancy at sufferance is a legal term that refers to the situation when a tenant continues to occupy a rental property after the lease has expired, without the landlord's permission. The tenant is said to be remaining in the property "at sufferance," meaning that the landlord is allowing them to remain there but is not giving them any rights to do so. During this period, the tenant is still responsible for paying rent and following the terms of their previous lease agreement. The landlord can typically take legal action to remove the tenant at any time during this period, without the need for a formal eviction process.

In the past, tenancy at sufferance was often used as a way for landlords to keep tenants in a property without having to renew their leases. However, most modern lease agreements include provisions that specify what will happen when the lease term ends, including whether the tenant will be allowed to renew their lease or if they will be required to move out.

Examples of Tenancy At Sufferance

  1. John's lease for his apartment ended three months ago, but he has continued to live there and pay rent. He has not signed a new lease or received permission from his landlord to remain in the apartment, so he is now a tenant at sufferance.

  2. After her lease expired, Sarah agreed to move out of her rental home by the end of the month. However, when the time came, she refused to leave and has continued to live in the home without the landlord's permission. She is now a tenant at sufferance.

  3. Frank's lease for his retail space ended, but he has not yet found a new location for his business. He has continued to operate out of the space and pay rent, but he is technically a tenant at sufferance until he signs a new lease or leaves the property.

Legal Terms Similar to Tenancy At Sufferance

  1. Tenancy at will: This refers to a rental agreement where the tenant is allowed to stay in the property for an undefined period of time, as long as they continue to pay rent and follow the terms of the lease agreement.
  2. Holdover tenant: This is another term used to describe a situation where a tenant remains in a rental property after their lease has expired.
  3. Tenant at sufferance vs. tenant at will: While both of these terms refer to a tenant remaining in a rental property after their lease has expired, the key difference is that a tenant at sufferance is remaining in the property without the landlord's permission, whereas a tenant at will has been given permission to continue renting the property indefinitely.