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Also referred to as holdover tenancy, estate at sufferance describes a leasehold estate where a tenant continues to possess a rental property after their lease expiration date. In addition, the lessee must comply with the rental agreement's terms, such as paying monthly rent.
- Tenancy at sufferance exists when a wrongdoer is in possession without the consent of the landlord, but as a result of the landlord's laches or neglect. Thrift v. Schurr, 52 Ga. App. 314, 183 S.E. 195 (1935); Price v.
The main difference between a tenancy at sufferance and a tenancy at will is that the landlord has actually given permission to a tenant at will to live in the rental property after the original lease agreement has ended. It's a matter of consent. A tenancy at sufferance occurs without the landlord's permission.
A tenancy at sufferance is created when a tenant wrongfully holds over past the end of the duration period of the tenancy (for example, a tenant who stays past the expiration of their lease).
Tenancy at sufferance (also called "estate at sufferance" or "holdover tenancy") arises when a tenant who has a lawful possession of a property (for example, a lease) holds over without the owner's consent.