What defines a tenancy at sufferance?

A tenancy at sufferance occurs when a tenant continues to occupy a rental property after the lease has expired without the landlord's permission to remain. This situation arises when the tenant has not signed a new lease and remains in the property, effectively holding over their tenancy.

In this scenario, the tenant does not have the legal right to occupy the property but is doing so and is typically subject to eviction actions by the landlord. The key aspect of a tenancy at sufferance is that it reflects a status where the landlord has not granted permission to stay, yet the tenant remains in possession. This concept illustrates the legal implications for landlords needing to pursue eviction and the rights of property owners over tenants who overstay their lease terms.

Tenancy at sufferance does not apply to tenants who continue their occupancy with the owner's permission or to a tenant who has not paid rent but still has an active lease agreement. Additionally, a tenant who has been evicted but remains on the property would generally be considered a trespasser rather than in a tenancy at sufferance situation. Thus, the defining characteristic is the continuation of occupancy after the lease has legally ended.