Tenancy At Sufferance

Tenancy at sufferance is a tenancy (or estate) that exists when a tenant wrongfully holds over after the expiration date of a lease without the landlord's consent, as where the tenant fails to surrender possession after termination of the lease. A tenancy at sufferance is the lowest estate in real estate, and no notice of termination may be required from the landlord to evict the tenant. This kind of tenancy is designed to protect the tenant from being classified as a trespasser on one hand and to prevent his or her acquisition of title by adverse possession on the other hand. This tenancy continues until the owner brings legal actions or the tenant voluntarily leaves.

Legal actions

The owner or the property manager, as the owner's agent, has two options when dealing with a tenant at sufferance. He or she may, under the common law, either:

• evict the tenant without notice,
• acquiesce to the tenancy.

The owner's acceptance of rent payments constitutes acquiescence and creates an estate at will or an estate from period to period. The property manager can sidestep costly legal entanglements by having written leases with all tenants that conform to local laws and statutes. Special lease provisions can sometimes alter or clarify the rights and obligations of the parties.

Connections with other tenancy types

A tenancy at sufferance differs from a tenancy at will in that under the tenancy at sufferance, the landlord has not consented to the continuation of the tenant's possession. Upon consent of the landlord, a tenancy for years for the same term (usually not more than one year due to the tenancy at sufferance) can be converted into a tenancy at will, a periodic tenancy or a tenancy for years for the same term (usually not for more than one year due to the statute of frauds).

Differences from trespassing

A tenancy at sufferance is not a true tenancy, as it is created by a tenant wrongfully retaining possession of property. The tenant is, however, in a different position from a trespasser, someone with no right to be on the property. A trespasser can be summarily arrested, a tenant must be evicted. Because a tenant at sufferance does not hold an estate (a possessory interest in the property), the landlord is not required to give the tenant notice of termination. Even so, the tenant cannot simply be forced off the property. The landlord is required to follow the proper legal procedures for eviction. The eviction process provides protection for the person accused of wrongfully possessing the property that is unavailable for the trespasser.

Real world example

An example of a tenant at sufferance is the tenant who fails to surrender possession of the premises on the date specified in the lease agreement. Suppose that Tenant Joe has a one-year lease with Landlord Sam. At the end of the term, Joe refuses to move out. Joe initially obtained possession of the property legally (under a valid lease), but he is remaining on the property without Sam's consent.

Advantages of Tenancy At Sufferance

Tenancy at sufferance has a few advantages, such as:

• It provides protection to the tenant from being classified as a trespasser since they are occupying the property with the landlord's permission.
• It prevents the tenant from acquiring title by adverse possession. This is because tenants at sufferance may be evicted without notice.
• It allows the landlord to take back possession of their rental property without having to go through a lengthy court process.
• It gives the landlord more control over the rental property, as they can terminate the tenancy at their discretion.
• It also allows the landlord to set up a new lease agreement with a different tenant more quickly.

Limitations of Tenancy At Sufferance

Tenancy at sufferance has certain limitations. These limitations include the following:

• Tenancy at sufferance does not confer any legal rights on the tenant. The tenant does not have the right to sublet the property, and the landlord can evict the tenant without any notice or court order.
• Tenancy at sufferance does not protect the tenant from liability for damage to the property or for unpaid rent.
• Tenancy at sufferance is not renewable, and the tenant cannot stay in the property beyond the expiration date of the lease.
• Tenancy at sufferance does not offer any protection against rent increase. The landlord is free to increase the rent at any time, with or without notice.
• Tenancy at sufferance does not grant the tenant the right to any property or security deposits. The landlord is entitled to keep any deposits made by the tenant.
• Tenancy at sufferance does not provide any assurance of the tenant's right to peaceable and quiet enjoyment of the property. The landlord can enter the property without the tenant's permission and evict the tenant without any notice.

Other approaches related to Tenancy At Sufferance

• Tenancy at will: This is a tenancy agreement that can be terminated by either party at any time, with or without cause.
• Tenancy on sufferance: This is a tenancy agreement that arises when a tenant remains on the property after the expiration of their lease. The landlord is not obligated to renew the lease and can evict the tenant without giving notice.
• Tenancy by estoppel: This is a tenancy agreement that is created when a landlord allows a tenant to remain on the property after the expiration of their lease and the tenant acts as if they are still a tenant.
• Tenancy by holding over: This is a tenancy agreement that arises when a tenant continues to occupy the property after the expiration of their lease and the landlord accepts rent payments.

Overall, Tenancy at Sufferance is a tenancy agreement that exists when a tenant wrongfully holds over after the expiration date of a lease without the landlords consent. It is the lowest estate in real estate and can be terminated without giving notice. There are other approaches related to Tenancy At Sufferance, such as Tenancy at will, Tenancy on sufferance, Tenancy by estoppel, and Tenancy by holding over, which all vary in terms of rights and obligations of the parties.

Tenancy At Sufferance — recommended articles

Affirmative Covenant — Vesting order — Hold over tenant — Discharge of contract — Absolute assignment — Tenancy at Will — Periodic tenancy — Exculpatory Clause — Certificate of satisfaction

References

• Carper, D. L., McKinsey, J. A., (2011), Understanding the Law. Sixth Edition., South Western Cengage Learning, United States of America
• Haupt, K. J., Rockwell, D. L., (2006), Principles of California Real Estate. Thirteenth Edition., Rockwell Publishing Company, United States of America
• Kyle, R. C., (2016), Property Management. Tenth Edition., Dearborn Real Estate Education, United States of America
• Reilly, J. W., (2000), The Language of Real Estate. Fifth Edition., Real Estate Education Company, United State of America

Footnotes

Author: Gabriela Sambór