Sometimes, the end of a lease doesn’t go like you plan it. A tenant may stay in your property after the lease has ended— not because you agreed to it, but because life happened. Maybe they’re struggling to move out on time or waiting to be able to move into their new place. When this happens, you’re dealing with what’s known as tenancy at sufferance.
In this guide, we’ll break down what that means, how it affects you as a landlord, and the steps you can take when a tenant stays in your property after their lease has officially ended. Read below to learn more!
Main Takeaways
- Tenancy at sufferance happens when a tenant stays after their lease expires without a landlord’s consent, before the landlord has chosen a course of action.
- Landlords can choose to begin the eviction process or accept rent for a new period, which is an election that usually converts the situation into a Periodic Tenancy (e.g., month-to-month).
What Is Tenancy at Sufferance?
Sometimes, even as an experienced Northern Virginia property management company, we find ourselves in the most delicate situations. A tenant’s lease is over, but they still haven’t moved out yet. Maybe they haven’t found a new place or need more time to finish setting up their move. Either way, you can’t just throw them out immediately. That said, you might decide to let them stay a little longer if they keep paying rent.
In simple terms, a tenancy at sufferance happens when a tenant continues to live in your property after their lease has expired, they haven’t signed a new lease, and they haven’t received the landlord’s explicit or implied consent to stay. Technically, they no longer have legal permission.
When a tenant holds over, the landlord has two main choices:
- Treat them as a Tenancy at Sufferance (Holdover): The landlord refuses to accept rent for a new term and initiates the formal eviction process to regain possession.
- Elect to Create a New Tenancy: The landlord accepts rent for a new period (like one month). This act of acceptance is legally considered an election to consent, which ends the tenancy at sufferance and usually creates a periodic tenancy (e.g., month-to-month).
If the tenant stops paying rent or refuses to leave, you have options. You have the legal right to start the eviction process based on your current legal relationship.
Why It’s Called “Sufferance”
In legal terms, “sufferance” means tolerance. That is, the landlord is tolerating the tenant’s unpermitted stay.
So, in a tenancy at sufferance, the landlord doesn’t give official permission for the tenant to remain. At the same time, they also don’t force them out immediately. The key difference here is that the landlord is tolerating the situation, often to avoid conflict or give the tenant more time.
How Tenancy at Sufferance Happens
Sometimes, a tenant has tangible reasons for wanting to stay a little longer. Maybe their plans fell through, or they just need a little more time.
For example, a tenant might:
- Still be hunting for a new place
- Need a few extra days to sort and move out their belongings
- Be waiting for their next paycheck to cover their moving costs
At that point, the lease is over, but the tenant is still staying. That’s how a tenancy at sufferance quietly starts.
Tenancy at Sufferance vs. Other Tenancy Types
To give you a clearer picture, let’s now compare tenancy at sufferance to other tenancy types. Believe it or not, not every situation where a tenant stays after a lease ends counts as tenancy at sufferance. To understand it better, here is a table with a few other common tenancy types you should know about:
Type of Tenancy |
Permission to Stay? |
What Makes It Different |
| Tenancy at Sufferance | ❌ No | The tenant’s lease has expired, but they’re still staying without the landlord’s consent. The landlord is only tolerating the stay until they decide to evict the tenant or create a new tenancy. |
| Tenancy at Will | ✅ Yes | The tenant stays with the landlord’s consent, but they don’t have a fixed term. Either side can end the agreement anytime with notice. |
| Periodic Tenancy | ✅ Yes | The lease renews automatically (often month-to-month) until one party gives notice to stop it. |
| Holdover Tenancy | ⚠️ Depends | This starts as tenancy at sufferance. However, if the landlord accepts the landlord’s rent for a new period, it converts into a periodic tenancy (e.g., month-to-month). The landlord has implied to have consented. |
As an aside, you can uncover more about holdover tenancies on our blog post that breaks it down.
Legal Rights of Landlords in a Tenancy at Sufferance
As a landlord, you still have full ownership and control of your property. This holds true even when a tenant stays past the lease. What matters now is what you do next.
If you accept rent for a period after the lease expires, the law often sees that as you choosing to create a new tenancy. In turn, you’re converting your situation from tenancy at sufferance into a month-to-month tenancy (a type of periodic tenancy). Once this happens, you must follow the laws governing the termination of a month-to-month lease, including providing proper notice.
If you stop accepting rent and want them out, that very likely means you are correctly proceeding under the rules for tenancy at sufferance. So, you can begin the eviction process based on your state’s laws. We recommend you document that any money accepted is for “use and occupancy only” to avoid the appearance of establishing a new tenancy.
During this period, the tenant doesn’t have legal permission to stay. You’re not required to renew their lease. Still, we always strongly recommend you follow the proper legal channels, like filing notices, documenting communication, and avoiding self-eviction, to protect yourself from any claims later.
In short, tenancy at sufferance gives you the right to act, but it also calls for caution. A fair, lawful approach keeps your property protected and avoids unnecessary conflict.
Of course, everything we’ve written in this article is intended solely as educational materials, not legal advice. Also, laws can vary drastically by state and even locality. As such, we recommend that you contact a legal professional for their definitive take on this topic.
Need Help Navigating Tenancy at Sufferance? Call BMG Today!
So, all in all, a tenancy at sufferance happens when a tenant stays after their lease expires without a landlord’s consent, before the landlord has chosen a course of action. They can handle it by either accepting rent and starting a new tenancy, or by starting the eviction process.
No matter what you do, it goes without saying: dealing with a tenant who hasn’t moved out after their lease can be incredibly stressful. The good news, though, is you don’t have to figure it out alone. In fact, you can get a team behind you to handle this on your behalf.
At Bay Property Management Group, our team handles everything from tenant screening, rent collection, and property maintenance to marketing, inspections, maintenance, and legal compliance. So, whether you’re managing a tenancy at sufferance or simply want smoother operations overall, our experts are here to help you every step of the way. Contact us today!
