Legal Definitions - Tenancy at Sufferance

A Tenancy at Sufferance occurs when an individual who was once a lawful tenant continues to occupy a property after their lease or rental agreement has officially ended, without the landlord's permission. In this situation, the former tenant is considered to be "holding over" wrongfully. The landlord then has the option to either initiate eviction proceedings to remove the individual or, in some cases, treat them as a new tenant (often on a month-to-month basis), and can collect rent for the period they remained on the property without a valid agreement.

• Example 1: Residential Lease Expiration
  Sarah's one-year apartment lease officially ended on May 31st. Despite receiving a reminder from her landlord about the lease expiration and the need to vacate, she has not moved out by June 1st and has not signed a new lease or extension. She simply continues to live in the apartment.

  Explanation: Sarah is now a tenant at sufferance because her legal right to occupy the apartment expired on May 31st. By remaining in the property without the landlord's consent, she is wrongfully holding over. The landlord can now pursue eviction or, if they choose, accept rent for June, which might create a new month-to-month tenancy.

• Example 2: Commercial Lease Overstay
  "The Daily Grind" coffee shop had a five-year commercial lease for its storefront, which expired on December 31st. The owner, Mark, intended to negotiate a new lease but failed to finalize it before the expiration date. Despite this, he continued to operate the business from the premises throughout January, paying the usual rent amount without a new agreement in place.

  Explanation: Mark and "The Daily Grind" are in a tenancy at sufferance. Their legal right to occupy the commercial space ended on December 31st. By continuing to operate the business without a new, agreed-upon lease, they are wrongfully holding over. The landlord can demand they vacate the premises or choose to accept the rent for January, potentially establishing a new commercial tenancy, often on a month-to-month basis.

• Example 3: Short-Term Rental Refusal to Vacate
  A family rented a vacation cottage for a specific two-week period, with the agreement clearly stating they must vacate by 10 AM on July 15th. On the morning of July 15th, they inform the owner that they need to stay an extra day due to unforeseen travel issues. However, the owner has another booking starting that afternoon and denies the request. The family then refuses to leave the cottage by the agreed-upon time.

  Explanation: The family becomes tenants at sufferance after 10 AM on July 15th. Their legal right to occupy the cottage ended at that precise time, and by remaining without the owner's permission, they are wrongfully holding over. The owner can then take legal steps to remove them and charge for the additional time they occupied the property without authorization.