The definition of tenancy by suffering is when a tenant legally enters a property and does not leave after the lease ends. The requirements differ among various countries regarding the definition of tenancy by suffering, but generally, a suffering tenant is someone who retains residence in the property after the lease has expired, whether or not they continue to pay rent.
Definition and Examples of Tenancy by Suffering
Property owners and tenants typically have a fixed contract that specifies the rental period. The duration can range from six months to multiple years; the important thing is that these contracts grant the tenant the legal right to occupy the property.
Once the lease expires, the tenant must either sign a new lease or vacate the property unless both parties agree to a month-to-month arrangement, known as “tenancy at will.” If the tenant continues to live in the property without a lease or agreement, the situation becomes tenancy by suffering. This can happen whether the landlord has issued a proper eviction notice or not.
People living under tenancy by suffering may not have the same legal rights as other types of tenants, but this will depend on the state in which they reside. In some locations, suffering tenants can be evicted without any notice.
Some states may define a suffering tenant as one who maintains the legal obligations of the lease, such as paying rent and maintaining the property. In other states, like Virginia, they will not consider it tenancy by suffering unless the tenant refuses to pay rent.
How Tenancy by Suffering Works
Let’s assume you inherited a property after your grandmother passed away. There has been a tenant there for nine months, and there are three months left until the lease ends. Since you’re not interested in being the property owner, you decided to sell the property instead of continuing to own it.
However, after consulting with a real estate agent, you decided to postpone listing the property so you could make some improvements. You are in a state that requires you to give the tenant a 60-day notice that you do not intend to renew the lease. In the tenth month, you send the notice.
Note: The amount of notice you need to give to terminate the lease may vary depending on the state you live in.
Two months later, the lease ends, and you go to the property to check its condition. Instead of vacating, the tenant decided to continue living in the property.
The lease has ended, but the tenant is still occupying the space, so this has become tenancy by suffering.
At this point, you have the ability to evict the tenant, also known as filing an unlawful detainer lawsuit. The amount of time this process will take will depend on the individual state. It’s important to note that in the case of eviction, the tenant may be liable for damages, including unpaid rent and attorney’s fees.
What Tenancy by Suffering Means for You
Tenancy by suffering will have very different meanings for you if you are the tenant instead of the owner, and vice versa. As a tenant, you may find yourself in a tenancy by suffering situation without your knowledge; if the lease has expired but you still live in the property without any communication from the landlord, you may become a suffering tenant in fact.
Note: It is possible to convert tenancy by suffering into another type of tenancy. For example, tenancy at will occurs once the landlord accepts payment for another month’s rent, even if the lease has expired. New leases will also lead to tenancy at will.
For the landlord, tenancy by suffering can be a frustrating situation, especially if you plan to sell the property or even occupy it yourself. However, since suffering tenants entered the property legally, they may still retain some rights when it comes to evicting them.
In the case of particularly stubborn tenants, you may need to pursue unlawful detainer proceedings.
Taking
The Lesson
Tenancy by sufferance occurs when a legal tenant continues to occupy a property after the lease has expired. As the property owner, you are required to give notice to the tenant when you do not intend to renew their lease. The required notice period will depend on the state you live in. Tenants by sufferance may have certain rights, although this will vary depending on where you live.
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Sources:
HG.org Legal Resources. “What Does a Sufferance Tenancy Mean?” Accessed Jan. 25, 2022.
Legal Aid Works. “Know Your Rights: Evictions.” Page 1. Accessed Jan. 25, 2022.
Pacific Legacy Property Management. “Do Landlords Need To Give Notice When Ending a One-Year Lease?” Accessed Jan. 25, 2022.
Cornell Law School Legal Information Institute. “Unlawful Detainer.” Accessed Jan. 25, 2022.
Community Action Partnership. “Holdover Tenants.” Accessed Jan. 25, 2022.
Source: https://www.thebalancemoney.com/what-is-tenancy-at-sufferance-5216919
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