Tenancy at Sufferance
Definition
Tenancy at sufferance (also called an estate at sufferance or holdover tenancy) occurs when a tenant who lawfully occupied a rental property remains after the lease or tenancy term has expired and continues to occupy the premises without the landlord’s consent. The tenant no longer has permission to be there, though the landlord may still pursue rent for the time the tenant remains.
How it arises
Common situations that create a tenancy at sufferance:
* A lease expires and the tenant refuses or fails to vacate.
* Eviction proceedings have begun but the tenant remains while the court process unfolds.
* The tenant stays after a notice to quit or after a fixed-term lease ends.
Legal rights and remedies
- Eviction: The landlord can initiate eviction proceedings to regain possession. The holdover continues until the landlord obtains a legal order removing them.
- Rent: A landlord may be able to collect rent for the holdover period. However, in many jurisdictions accepting rent after the lease expires can be treated as consent to continue the tenancy and may convert the situation into a new periodic tenancy.
- Trespass: Although a holdover tenant originally entered lawfully, courts in some states may treat a persistent holdover—particularly one who refuses to leave after notice—as a trespasser. Rules vary by jurisdiction.
- New lease or agreement: If the parties agree to a new tenancy, the tenancy at sufferance ends and the new terms govern occupancy.
- Buyouts: Landlords sometimes offer cash incentives to induce a faster vacancy instead of pursuing a lengthy eviction.
Landlord considerations
- Avoid inadvertently renewing the tenancy: Be cautious about accepting rent or otherwise acting in a way that could be interpreted as consent to continued occupancy.
- Follow state and local eviction procedures: Timelines and required notices vary by jurisdiction; improper eviction attempts can expose the landlord to liability.
- Weigh costs: Eviction can be time-consuming and costly. A buyout or negotiated agreement may be quicker and less expensive.
Tenancy at Sufferance vs. Tenancy at Will
- Tenancy at sufferance — tenant remains after a lawful tenancy ends, without landlord consent.
- Tenancy at will — tenant occupies the property with the landlord’s consent but without a fixed-term lease; either party can generally terminate the arrangement at will (subject to notice requirements).
Common questions
- Can a holdover tenant be evicted? Yes — the landlord can pursue eviction under applicable state and local law.
- Is a holdover tenant a trespasser? Possibly, depending on jurisdiction and whether the tenant refuses to leave after notice; the initial lawful entry distinguishes a holdover from an initial trespasser.
- How long can a tenancy at sufferance last? It lasts until the landlord evicts the tenant, accepts rent in a way that creates a new tenancy, or the parties enter a new lease. The practical duration depends on legal process and local laws.
Key takeaways
- Tenancy at sufferance happens when a tenant stays past the lease term without the landlord’s consent.
- Landlords can seek eviction and may collect rent, but accepting rent can unintentionally renew the tenancy in some jurisdictions.
- State and local laws govern whether a holdover becomes trespass and the proper eviction process; landlords and tenants should understand their rights and obligations to avoid prolonged disputes.
Sources
- Cornell Law School, Legal Information Institute — “Tenancy at Sufferance”, “Tenancy at Will”, “Holdover Tenant”, “Eviction”