Landlord and Tenant: Tenancy at Sufferance (Holdover Tenants)

This lesson in landlord-tenant law addresses the tenancy at sufferance, also known as the estate at sufferance. This subject is also known as the law of holdover tenants. Topics include creation of the tenancy at sufferance by implied and express agreement, the landlord's election to treat the tenant at sufferance as a trespasser or as a tenant under a new lease, and the liability of the tenant at sufferance for rent and other obligations. Eviction rules and procedures are not covered in detail in this lesson.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define a tenancy at sufferance.
2. Describe creation of a tenancy at sufferance by express agreement.
3. Describe creation of a tenancy at sufferance by implied agreement.
4. Define the deterrence theory.
5. Explain options available to a landlord when a tenant holds over and becomes a tenant at sufferance.
6. Define a "quit or pay" notice.
7. Describe the liability of the tenant at sufferance for rent and other obligations.