In real estate law, an Estate at Sufferance arises when a tenant remains in possession of a property after the expiration of a lawful tenancy without the landlord’s consent. The tenant originally entered the property legally but becomes a wrongful occupant by holding over beyond the lease term.
In this situation, the landlord may choose to treat the tenant as a trespasser and seek eviction, or accept continued occupancy and create a new tenancy under the same terms as the prior lease. An estate at sufferance is also known as a tenancy at sufferance and does not grant the tenant a legal right to continued possession unless the landlord agrees to it.
