Posted in Blog  
  on Jan 07, 2013

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.

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