We will have limited customer service from Friday, December 8 through Wednesday, December 13. We apologize for any delay. Please reach out to us at info@landlordstation.com if you need assistance.

Explanation of Tenant at Sufferance

There are many terms and concepts used in the realms of landlording, and when it comes to learning everything in the property business, most aspiring property owners find them in trouble. Most landlords will never know what a tenant at sufferance means but this is your chance to educate yourself about the whole concept. You may have witnessed that there are many types of tenants, but have you ever faced one that is still in the property even after the expiration of the term?

Such a tenant is also known as a holdover tenant but most importantly, a tenant at sufferance is a tenant that has no rightful permission from the landlord to stay in the property. Even if the lease or term has expired but the tenant is still living in the property, all the things that were highlighted in the lease agreement such as the mandatory payments, conditions, rights, responsibilities and duties will remain the same until the tenant either leaves the property or the landlord evicts the tenant. When such a situation occurs, the landlord can do one of two things.

The first option the landlord has is to make the tenant at sufferance a tenant once again but this time under a new term. Once the property owner opts for this settlement, they once again grant their tenant legal and official permission to occupy the home. This can be one of the things the landlord can do provided the tenant did not do anything to annoy the landlord.

In case the landlord is not entirely happy with the tenant, they may choose the second option. When and if the landlord decides to make the tenant at sufferance a tenant with a new term on the previously held contract, the landlord should know that once they make the decision they have to stick with it. This means that decisions such as these need to be made with care because whatever step you take you cannot turn back until and unless the term finishes or you end up choosing the second option. If the landlord accepts any rental payment that is mandatory for the tenant at sufferance to pay, as he/she occupies the property under the same conditions, it means directly that the landlord has accepted the tenant at sufferance as a tenant on a new term.

The second option that the landlord could employ is to give the tenant at sufferance a notice to quit. This means that the landlord is asking the tenants to leave while there are still warnings to be given. The notice to quit works as a warning. If after this the tenant still tries to remain in the property, the landlord can file for eviction. This eviction process will work out in the manner that the landlord will first start by giving notices to the tenant. This can be either a 3-day, 5-day or 30-day notice. After waiting for the period of the notice the landlord can file the claim for eviction and wait for the official court proceedings to take place and the tenant will be notified that the courts are now dealing with the issue.
Posted on Jan 07, 2013

Related

Landlord Obligations: The Responsibilities of a Landlord

Becoming a landlord is a major deal and no one can simply get up and think, “well, yes I think I should be a landlord and rent out my flat.” If you are thinking that you would like to be a landlord,... More


The Best Landlord Forums

Landlords and aspiring landlords, do not become as such, without guidance and advice. There is a lot that goes into being a landlord nowadays; in fact, there is so much to learn that it often confuses... More


The Biggest Landlord Problems and How to Fix Them

Renting out an apartment or a house can become a constant revenue source for landlords, but at the same time, it gives rise to several problems. It is a fact that high standards, a strict lease... More


Landlord Tenant Disputes

If you are currently thinking of becoming a landlord only because it helps you have a constant stream of income, you should think twice. It’s not that you should not consider offering your property... More


List of Landlord and Rental Property Tax Deductions

When it comes to paying taxes, most individuals have no idea that they may be paying so much without needing to do so. The same goes for landlords. Why should you or any other landlord be paying more... More


How to Handle Tenants from Hell

For a landlord, it is of immense importance to ensure that they only let a qualified tenant to move in. It is however every landlord’s nightmare when they get tenants from hell who make the tenancy... More


Explanation of Tenant at Sufferance

There are many terms and concepts used in the realms of landlording, and when it comes to learning everything in the property business, most aspiring property owners find them in trouble. Most... More


Handling a Tenant Breaking the Lease Agreement

Not all tenants are alike; some of them are good, others are from hell. That’s why one should know the right way to deal with bad tenants. They can be troublesome in the sense that they can damage... More


Top 10 Landlord Tips and Tricks for 2013

Landlord Tips and Tricks for 2013 Landlord Tip #1 Your going to want to plan ahead for a rainy day when you have unexpected expenses that arise. Take the time to obtain a line of credit when cash flow... More


Laws and Rules for Renting Houses

If you're about to rent a house or an apartment, there are some things you need to know. Here is a short list of those things. There's a law against that. - Every state has a “Landlord-Tenant Act”... More