Question

An estate in which a tenant who rightfully came into possession retains possession after the expiration of the term without the consent of the landlord is:

Selections

• A. A life estate

• B. A periodic tenancy

• C. An estate at sufferance

• D. An estate at will 

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Answer: C

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5 Keys Summary

• An Estate at Sufferance (or tenancy at sufferance) is the tenancy created when a lawful tenant retains possession of a property after the lease term has expired, without the landlord’s explicit consent.

• The situation is defined by the tenant holding on to the property, or wrongfully occupying it, after the lease has ended.

• This tenant is frequently referred to as a “holdover tenant”.

• It is distinct from a Periodic Tenancy or an Estate at Will because, in those cases, the continued possession often has the owner’s consent, either implicitly or explicitly, and they lack a definite termination date.

• If the landlord wishes to remove the tenant in an estate at sufferance, they must follow legal eviction procedures, such as an Unlawful Detainer action, to regain possession.

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