What type of tenancy is formed when a tenant stays beyond the lease term?

When a tenant remains in possession of a rental property after the lease term has expired, this scenario results in a tenancy at sufferance. This form of tenancy is typically created when the tenant continues to occupy the premises without the landlord's permission, effectively putting the landlord in a position where they must either evict the tenant or accept rent for the continued occupancy.

In a tenancy at sufferance, the tenant does not have the legal right to remain, and their presence is unauthorized. This contrasts with other forms of tenancy such as joint tenancy or tenancy in common, which relate to ownership interests in property rather than the occupancy status of a tenant. A tenancy for years, meanwhile, describes a lease that has a definite starting and ending date, so it does not apply in situations where the lease has already ended. Thus, when understanding tenancy at sufferance, it's essential to recognize it as the condition that arises solely due to a tenant's continuation in occupancy following the end of their lease agreement without renewal or permission.