Tenancy at sufferance occurs when a tenant remains in possession of a property after their lease has ended, without the landlord's consent to stay. In this situation, the tenant has not been formally evicted, and the terms of the original lease agreement still apply. This type of tenancy is often seen as a temporary state until the landlord takes action to regain possession of the property.
Tenancy at sufferance is primarily relevant in real estate and landlord-tenant law. It often arises in civil cases where landlords seek to reclaim their property. Understanding this term is crucial for landlords who may need to take legal steps to evict a tenant who is overstaying their lease. Users can manage related forms and procedures through resources like US Legal Forms, which provide templates drafted by legal professionals.
Here are a couple of examples of abatement:
Example 1: A tenant's lease ends on March 31, but they continue to live in the apartment without the landlord's permission. The landlord has not initiated eviction proceedings, so this situation qualifies as tenancy at sufferance.
Example 2: A commercial tenant's lease expires, but they keep operating their business in the space without a new agreement. The landlord has not asked them to leave, resulting in a tenancy at sufferance. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Landlords must provide a formal notice to vacate before eviction. |
| New York | Tenants may have additional rights under local rent control laws. |
| Texas | Eviction processes can be expedited under certain conditions. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Tenancy at Sufferance | Tenant remains after lease expiration without consent. | Does not imply a new lease agreement. |
| Holdover Tenancy | Tenant continues to occupy with landlord's consent. | May lead to a month-to-month lease if accepted. |
| Tenancy at Will | Occupancy without a fixed term, can be terminated by either party. | More flexible than tenancy at sufferance. |
If you find yourself in a situation of tenancy at sufferance, consider the following steps:
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This situation is known as tenancy at sufferance, and the landlord may initiate eviction proceedings.