Also known as: tenancies at sufferance · estate at sufferance
Written by attorneys · grounded in primary & secondary sources — see below
An interest in land that arises when a person who entered possession under an effective conveyance remains in possession after that interest ends. The continuation must be wrongful and without any assertion of superior title.
StageOne Studios leased a soundstage from MetroLots for a three-month term ending June 30. After that date StageOne left sets and props inside and used the space for storage. MetroLots invoiced overstay charges and sued for possession. The court treated StageOne as a tenant at sufferance because its original possessory right had ended and it asserted no superior title.
Harborview LLC leased bistro space to Lena for a ten-year term ending June 30 and refused her renewal request in writing. Lena stayed, operated the restaurant, and mailed checks labeled occupancy fee that Harborview rejected. Harborview sued for possession. Lena became a tenant at sufferance because her lawful term had ended and she claimed no superior title.
Select any source to read its text and confirm it supports the definition.
A tenancy at sufferance arises only when a former tenant remains after a lawful term ends without the landlord's consent or any new agreement. A periodic tenancy requires either express or implied consent through acceptance of rent or other conduct showing mutual agreement to continue from period to period.
Supporting sources
No. If the landlord refuses the checks and never consents to continued possession, the occupant remains a tenant at sufferance. The mere tender of payment does not create a new tenancy without landlord acceptance.
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Yes. Because the original term has ended and no new consensual estate exists, the landlord may treat the occupant as a wrongful holdover and pursue summary proceedings for possession without first giving notice to quit.
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Acceptance of rent may imply consent to a new periodic tenancy measured by the payment interval. Until that acceptance occurs, the status remains tenancy at sufferance.
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…a trespasser but became a tenant at sufferance." Ibid. The court added, however, that Mrs. Robinson's tenancy, "like any other tenancy at sufferance, may be terminated on thirty days' notice. The Housing Regulations do not compel an owner of housing property to rent his property. Where, as here, it has been determined that the property…