leasing
tenancy at sufferance
A tenancy at sufferance exists when a tenant who once had lawful possession stays on after the lease expires without the landlord's consent. It is the lowest form of leasehold estate. The landlord has not agreed to the continued stay but has not yet evicted the tenant. If the landlord accepts rent, the arrangement may convert into a periodic tenancy, depending on state law.
- Exam tip
- Contrast it with a tenancy at will, which exists with the landlord's consent. A tenant at sufferance entered lawfully, which separates them from a trespasser.
- Example
- A lease ends on May 31, but the tenant refuses to move out and the landlord has not agreed to an extension. As of June 1, the tenant is a tenant at sufferance.
Related terms & state variants
Sources
Source verification pending. Confirm current requirements with your state regulator.
Last verified: 2026-10-23