Legal Definitions - Tenancy at Sufferance

A tenancy at sufferance occurs when a tenant stays in a rental property after their lease has expired without the landlord's permission. This is also known as "holding over." The tenant is no longer a tenant with a legal right to occupy the property, but the landlord has not yet taken any legal action to remove them.

For example, if a tenant's lease ends on December 31st, but they continue to live in the property without renewing the lease or moving out, they are now a tenant at sufferance. The landlord can choose to evict the tenant or allow them to stay and collect rent for the time they remain in the property.

Another example would be if a tenant is evicted through the court system, but refuses to leave the property. They are now a tenant at sufferance, and the landlord can take legal action to remove them.