An estate at sufferance arises when a tenant remains in possession of a property after the expiration of a lease without the landlord’s consent. The tenant is essentially holding over, without any legal right to be there. For example, if a lease agreement ends on December 31st and the tenant continues to occupy the premises into January without an extension or renewal, the tenant is considered to be in possession of the property under this type of arrangement.
The significance of this type of tenancy lies in its precarious nature. The landlord has the right to evict the tenant at any time without notice, as the holdover tenant is technically a trespasser. However, the landlord also has the option to accept rent, which could create a new tenancy, either a periodic tenancy (like month-to-month) or a tenancy at will, depending on the circumstances and local laws. Historically, this situation often arose from oversight or delayed decision-making on the part of the property owner but can also be a deliberate tactic by a tenant hoping to negotiate more favorable lease terms.
