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Tenancy at sufferance

National Real Estate Exam glossary · Leasing/Management

Definition

The lowest leasehold estate, arising when a tenant who entered lawfully remains (holds over) after the lease expires without the landlord's consent. The holdover is not a trespasser but may be evicted at any time.

Tenancy at sufferance in plain English

Imagine a friend crashes at your place with your OK, but then stays past the day you agreed on — without asking to extend. That's a tenant at sufferance: they moved in legally, but the lease ended and they just... didn't leave. Because they got in the right way, the law doesn't treat them as a break-in trespasser, but the landlord can kick them out whenever they choose. It's the weakest, shakiest form of renting there is — one foot already out the door.

Practice Tenancy at sufferance

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