The Real Estate Encyclopedia & Blog

Tenant at Sufferance

by | Feb 13, 2026

In real estate law, a tenant at sufferance is a person who originally obtained lawful possession of property but remains in possession after the termination of the tenancy. This situation typically arises when a tenant holds over after a lease has expired without the landlord’s consent.

A tenant at sufferance does not have a valid lease but is not considered a trespasser until the landlord takes action to regain possession. The landlord may choose to evict the tenant or, in some cases, accept rent and create a new tenancy.