CandleFocus Glossary Editor
Tenancy at Sufferance is an occupation of a property in which no current lease exists. This often happens when a tenant has a lease that expires and the landlords decides that he or she does not want to renew it. The tenant may remain in the property without the landlords permission.
Under the law, tenancy at sufferance is viewed as occupying the premises without any real authority to do so, and a tenant in this situation is often referred to as a “holdover” tenant. This is because the tenant is holding over and occupying the premises beyond the expiration of their original lease agreement.
The landlord has different rights and remedies available to them, depending on the jurisdiction in which the property is located. In some jurisdictions, the landlord must simply serve notice to the tenant, and allow them to stay in the property until the expiration of the notice period given. Then, if the tenant has not vacated, the landlord may proceed with legal action and the tenant may face eviction proceedings.
In other jurisdictions, the landlord may have the right to terminate the tenancy immediately after the expiration of the lease and begin eviction proceedings. In some, more severe cases, the landlord may be able to sue for damages as a result of the tenant's occupancy.
As a tenant at sufferance, it is important to understand that you do not have the same rights as regular tenants. The landlord is not obligated to allow you to remain in the property and is not required to renew your lease agreement. Therefore, you may be subjected to eviction proceedings at any time.
In addition to considering the specifics of your own jurisdiction, it is important to determine whether you have certain defense against eviction. While it is not an easy task to determine this, consulting experienced professionals or legal advisors can help.
In conclusion, tenancy at sufferance can be a difficult and sometimes confusing situation for tenants and landlords alike. Tenants should be aware of their rights and obligations and know that they are in danger of being evicted at any time. Landlords must be mindful of their rights and obligations and also ensure that they have proper processes and procedures in place should they need to evict a tenant.
Under the law, tenancy at sufferance is viewed as occupying the premises without any real authority to do so, and a tenant in this situation is often referred to as a “holdover” tenant. This is because the tenant is holding over and occupying the premises beyond the expiration of their original lease agreement.
The landlord has different rights and remedies available to them, depending on the jurisdiction in which the property is located. In some jurisdictions, the landlord must simply serve notice to the tenant, and allow them to stay in the property until the expiration of the notice period given. Then, if the tenant has not vacated, the landlord may proceed with legal action and the tenant may face eviction proceedings.
In other jurisdictions, the landlord may have the right to terminate the tenancy immediately after the expiration of the lease and begin eviction proceedings. In some, more severe cases, the landlord may be able to sue for damages as a result of the tenant's occupancy.
As a tenant at sufferance, it is important to understand that you do not have the same rights as regular tenants. The landlord is not obligated to allow you to remain in the property and is not required to renew your lease agreement. Therefore, you may be subjected to eviction proceedings at any time.
In addition to considering the specifics of your own jurisdiction, it is important to determine whether you have certain defense against eviction. While it is not an easy task to determine this, consulting experienced professionals or legal advisors can help.
In conclusion, tenancy at sufferance can be a difficult and sometimes confusing situation for tenants and landlords alike. Tenants should be aware of their rights and obligations and know that they are in danger of being evicted at any time. Landlords must be mindful of their rights and obligations and also ensure that they have proper processes and procedures in place should they need to evict a tenant.