Tenancy at sufferance refers to which situation?

Prepare for the Themis MBE Real Property Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your test!

Multiple Choice

Tenancy at sufferance refers to which situation?

Explanation:
Holdover possession after a lease ends is what tenancy at sufferance describes. It happens when a tenant remains in the property after the term has expired without the landlord’s consent. There isn’t a new lease or a right created by agreement in this situation—the tenant is in possession without a right. The landlord can move to eject the holdover, and in some cases may accept rent, which could convert the arrangement into a different form of tenancy. This differs from a true right of possession after term, a landlord’s repair obligation, or a tenancy created by an express lease.

Holdover possession after a lease ends is what tenancy at sufferance describes. It happens when a tenant remains in the property after the term has expired without the landlord’s consent. There isn’t a new lease or a right created by agreement in this situation—the tenant is in possession without a right. The landlord can move to eject the holdover, and in some cases may accept rent, which could convert the arrangement into a different form of tenancy. This differs from a true right of possession after term, a landlord’s repair obligation, or a tenancy created by an express lease.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy