If you are new to the world of real estate or are planning to start renting out properties pretty soon, then I feel like it is my responsibility to make you aware of the term tenant of sufferance which is also known as holdover tenancy.
In simple words, a tenant of sufferance is curated when a tenant overstays the terms of their lease without creating a new agreement with the landlord.
In a situation like this, the renter may hold the tenant based on the terms and conditions of the expired lease and collect rent for the time that the tenant has overstayed.
Tenant Of Sufferance: A General Overview
According to Investopedia, “Tenancy at sufferance is created when a tenant has overstayed their lease term without a new agreement. In this case, the landlord can hold them to the terms of the old lease and collect rent payments for the time overstayed. This can continue until the landlord is able to obtain an eviction order or decides to extend the lease.”
These different rights under tenant of sufferance for both the landlord and the tenant is protected by the Tenancy at Sufferance Act. This act has all the details of the rights and recourse that tenants and landlords need to take.
A tenant of sufferance continues to exist until the landlord obtains an eviction order or simply chooses an extension of the lease.
A tenant of sufferance can be contradicted with a tenancy at will. It is a case where a tenant occupies the renter’s property with the permission of the owner but apparently without a written lease or contract.
If you want to know more about tenant of sufferance, you are at the right place. Keep scrolling to know more about the concept of tenant of sufferance, and make yourself more aware of the same.
Key Takeaways
- Tenant of sufferance point towards the holdover tenants of a lease that has expired who do not have the permission of the landlord to remain on the property grounds; however, they have not been evicted so far.
- The term sufferance means a situation where there is an absence of objection while there is no genuine approval.
- The holdover tenant who is suffering will be subject to eviction and sometimes, depending on state law, may also have accusations of trespassing.
Let’s Understand Tenant Of Sufferance
A tenant of sufferance is also popular as a holdover tenancy or estate at sufferance; however, the concept for all three remains the same under all circumstances.
A tenant of sufferance situation takes place when tenants that had legal possession of a property hold over the same without the consent or permission of the renter.
The only line of difference between a trespasser and a tenant at sufferance is that a tenant had once entered into a lawful contract with the owner over the property but has now extended their period of stay.
Different states have different legal explanations and criteria that help determine if or not an occupant will be classified to be a trespasser if they continue to live on the property that they had leased an agreement for.
How Can You Put A Tenant Of Sufferance Into Effect?
The situation that may result in a tenant of sufferance may include eviction proceedings.
This situation may arise when the lease agreement of the tenant has already expired, they do not intend to vacate the property, and the landlord wants to lease the property to new tenants.
In this case, the owner or the renter may opt for legal actions to evacuate the tenants from their properties. In that case, the tenant continues to live in the property and landlords cannot remove them by force.
While the eviction process continues, the tenant has to comply with the terms in the lease or rental terms. However, certain jurisdictions prohibit the owners from accepting any rent from the tenant as that might just be considered as an extension of the expired lease agreement.
The eviction process can take a comparatively shorter time, while in some cases, it might take several months based on the jurisdiction.
During that period, the owner of the property has to accept a tenant of sufferance.
In many cases, it has happened that the renter has tried to buy out or offer monetary benefits to the tenant so that they may leave the property. Although this might be an alternative solution to the problem, it may turn out to be quite expensive for the owner.
However, it can at least bring a solution to the pertaining problem.
If the tenant accepts such monetary benefits from the owner, they have to leave the property, and the tenant of sufferance ends there.
Understanding the Scope of Tenant of Sufferance
The tenant at sufferance is basically a situation where the tenant of a property continues to stay even after the expiry of the lease of the tenancy. This happens in both residential and commercial properties. Furthermore, on the basis of these aspects, there are certain rights and responsibilities of both the landlord and the tenant.
For example, consider that a lease is on the verge of expiration. Here, you find a tenant who is continuing to reside in the property without any eviction proceedings or the landlord’s explicit permission. This situation is called the “tenant at sufferenace” or a “holdover tenancy.”
It is already a common situation in the USA and is a worldwide phenomenon. In general, when a tenant wishes to stay in a property for a residential or commercial purpose, the individual enters into a lease agreement. On the other side, there is the landlord of the property who also signs the lease agreement. Here, the lease agreement contains details about the period during which the tenant is allowed to stay in the property.
When Does a Tenant of Sufferance Condition Arise?
The tenant of sufferance is a situation that arises when a tenant stays in the property even after the completion of the lease period. This happens after the end of the lease. In an ideal situation, both the tenant and the landlord must come together to renew or terminate the agreement.
In another case, the landlord of the property might continue to accept rent from the tenant without any objection after the end of the lease term. Also, in that case, the tenant of the property can use this situation as a valid argument in court proceedings. However, this only works when the landlord complains about the tenant in a court of law.
The tenant of sufferance concept comes from the legal recognition of the property rights of tenants. In such a situation, the tenant of the property does not have the right to forcefully evict the tenant.
However, you must also learn that in India and many other countries, landlords can take legal action by giving any notice in situations of “tenant of sufferance.” In this case, if the matter ends in a court of law, the landlord of the property has the right to seek damages from the tenant.
In other cases, the court also permits the landlord to recover attorney’s fees.
How Can Landlords Deal With A Tenant Of Sufferance Situation?
This must be clear to all tenants and owners that even under a tenant suffering situation, tenants will still have to adhere to the terms and conditions of the expired lease. This includes paying rent.
As a landlord, you must be cautious about receiving rent from a holdover tenant.
However, this may hurt the arguments of tenants of sufferance later on.
If the tenant pays rent after the lease expiration, they could easily argue over it. This means the landlord was okay with continuing the tenancy even after lease expiry.
Under many jurisdictions, the owner cannot coin the tenants as trespassers as they had entered the property based on lease terms. Only your local landlord attorney can confirm if you can claim that a tenant is trespassing under the authority of state law.
The tenant also has to adhere to any extra lease terms that give landlords the right to enter the property with reasonable notice to show the property to potential buyers.
To end the tenant’s suffering, the landlord must provide a written notice to them that they must empty the property.
A typical written notice will provide the tenant with a 30-day time limit, but that may change based on the rules of different jurisdictions. This is an area where an experienced property lawyer can help you.
After the owner has successfully served the 30 days and the tenant has yet to leave the property, the landlord may start exercising his rights and get on board with the eviction proceedings.
The tenant may plead their case before the judge once the eviction action is out to the court. As long as the landlord has followed all the proper steps and obeyed the laws, there is a high chance that they will get the eviction orders from the court.
The Bottom Line
A tenant of sufferance is a time period where a tenant chooses to remain within a property even after the lease has expired.
While the owner doesn’t ask the tenants to leave, he doesn’t provide them with written consent either. Overall, it is a pretty complex situation. It must be dealt with knowledge and information so that neither of the parties lands in serious legal battles.
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