What Is A Tenancy At Sufferance?

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What is a Tenancy at Sufferance?

Tenancy at sufferance is a legal term when someone occupies the property without the owner's permission.

It can apply to both residential and commercial properties when the tenant originally entered the property legally under a lease agreement.

However, they can't be removed for trespassing because they have a legal right to be there, and they are still responsible for following the terms of the lease even after it expires.

In this article, we will explore what this means in more detail and provide some examples!

Examples of Tenancy at Sufferance

There are a few different scenarios in which a tenancy at sufferance can occur.

  1. The first scenario is a tenant's lease expires and they continue to live in the rental unit without renewing or signing a new lease agreement.
  2. The second is if the landlord never asks the tenant to leave after the lease expires.
  3. Finally, if the landlord begins the eviction process but doesn't follow through with it.

In all these cases, the tenant is technically trespassing, but because they originally had a legal right to be there, the law views it differently.

The Consequences of Tenancy at Sufferance

If you find yourself in a tenancy at sufferance situation, there are a few things you should know.

First, even though you no longer have a lease agreement, you are still expected to follow the terms of the old lease. This means that you are responsible for paying rent and following all other rules laid out in the agreement.

If you fail to adhere to the agreement, the landlord can serve you a notice to vacate and begin the eviction process.

Second, because you are technically trespassing, the landlord can ask you to leave at any time without going through the formal eviction process. However, you need to check your state laws.

And finally, if the landlord does decide to evict you, they can do so without going through the court system.

This is because, in most states, tenants who are trespassing can be removed without a hearing.

So, if you find yourself in a tenancy at sufferance situation, it's important to be aware of your rights and responsibilities!

Converting Tenancy at Sufferance to Tenancy at Will

In some cases, a landlord may choose to convert a tenancy at sufferance into a tenancy at will.

This usually happens when the tenant has been living in the rental unit for an extended period without renewing their lease agreement.

The landlord may decide to give the tenant permission to stay in the unit on a month-to-month basis.

This means that either the landlord or tenant can terminate the agreement with 30 days' notice.

Tenancies at will are more common in commercial settings, but they can also apply to residential rentals in some cases.

If you're not sure what kind of tenancy you have, it's always best to consult with an attorney!

Conclusion

Tenancy at sufferance is a legal term for when someone occupies property without the owner's permission.

It can apply to both residential and commercial properties, and the tenant originally entered the property legally under a lease agreement.

They can't be removed for trespassing because they have a legal right to be there, but they are still responsible for following the terms of the lease even after it expires.

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