Explanations

An estate at sufferance (also known as tenancy at sufferance) perfectly describes a situation where a tenant initially entered a property lawfully but continues to occupy it after the lease term has expired, without the landlord’s explicit consent. The landlord is said to be “suffering” the tenant’s continued presence. While the landlord may eventually implicitly consent by accepting rent, which could convert the tenancy into a periodic tenancy, the initial act of holding over without consent defines an estate at sufferance.

In contrast:

• A life estate is an ownership interest in a property that lasts for the lifetime of a designated individual, not a tenancy that holds over after a lease.

• A periodic tenancy (or estate from period to period) is a lease agreement that continues for specific periods (e.g., month-to-month) and automatically renews until either party gives proper notice of termination. It implies an ongoing, often consented-to, arrangement.

• An estate at will (or tenancy at will) is a type of tenancy where a tenant occupies a property with the consent of the owner, often without a formal written lease and for an indefinite period, which either party can terminate at any time with sufficient notice. The key difference from an estate at sufferance is the presence of the landlord’s consent.

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