Tenancy at sufferance : A tenancy at sufferance arrangement allows a property renter to stay in a property after the lease period has ended but before the landlord requests the tenant remove the property.
If a tenancy at sufferance occurs, the terms of the original lease must be followed, including the payment of any rents owed.
Otherwise, the tenant may be evicted without warning at any moment.
What Is Sufferance Tenancy?
Tenancy at will, on the other hand, is when a tenant occupies a property with the owner’s permission but without the need for a documented contract or lease.
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Understanding Sufferance Tenancy
Tenancy at sufferance (also known as “estate at sufferance” or “holdover tenancy”) occurs when a tenant in legitimate possession of a property (for example, a lease) holds over without the permission of the owner.
The only distinction between a holdover tenant at sufferance and a trespasser is that the holdover tenant at sufferance took possession legally but has now overstayed his or her welcome.
If an occupant remains on a property for which they previously had a lease agreement, each state’s legal definitions and standards for determining whether or not they are regarded as trespassers may differ.
Key Takeways :
• Holdover tenants of an expired lease who no longer have the landlord’s authority to remain in the property but have not yet been evicted are referred to as tenancy at sufferance.
• Sufferance refers to the lack of genuine objection in the absence of true approval.
• A holdover renter on pain of eviction may face eviction and, depending on state law, may be charged with trespassing.
• A Tenancy of Sufferance Can Be Used in a Variety of Ways
• Eviction proceedings are one of the circumstances that might lead to a tenancy of sufferance.
This can happen if a tenant’s lease term expires but they do not quit the premises, and the landlord plans to lease the space to new tenants.
The landlord or property owner may pursue legal action to evict the renter, but the tenant normally remains on the premises and cannot be forcibly removed.
The renter must adhere to the rental or lease agreements while the eviction process is in progress.
They may be evicted from the property if they do not pay their rent according to their previous lease terms.
A final decision on an eviction might take anywhere from six months to a year.
As long as the renter met their lease term obligations, the property owner would have to accept the tenancy at sufferance throughout that time.
It’s likely that the landlord will offer to buy the renter out in order to get them to go.
This may be a more expensive choice, but it would help to resolve the matter more quickly.
If the tenant accepts the buyout, the tenancy at sufferance will cease and the tenant will be required to evacuate the premises.
A new lease agreement could also be offered by the property owner.
Acceptance of a new lease by all parties would also end a tenancy at will, and the tenant would be bound by the new agreement’s conditions.
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