Also known as:estates at sufferance · tenancy at sufferance
Written by attorneys · grounded in primary & secondary sources — see below
An interest in land that arises when a person who once held a possessory estate under an effective conveyance remains in possession after that estate ends. The continuation must be wrongful and without any assertion of title superior to the true owner.
Sources & Authorities
How it applies
Common Examples
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Holdover After Fixed Lease Term
Eileen Epstein leased a warehouse to Eduardo Enriquez for a one-year term ending December 31. The lease contained no renewal clause. On January 1, Enriquez kept his inventory inside and continued daily operations. Epstein had already signed a new lease with another tenant effective that day and demanded immediate vacation. Enriquez made no claim of ownership. His continued possession after the term ended without consent or superior title creates an estate at sufferance.
Post-Term Occupancy Without Consent
Edward Everett leased retail space to Enzo Eastwood under a lease expiring June 30. Everett sent written notice that the lease would not renew. After June 30, Eastwood kept merchandise on the shelves and served customers each day. Eastwood tendered a check labeled for July occupancy but Everett neither deposited it nor granted permission. Eastwood asserted no title superior to Everett. The continued presence after termination without consent or superior claim establishes an estate at sufferance.
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Course Outlines
Dictionaries
City of New York v. Utsey714 N.Y.S.2d 410 (App. Div. 2000)
Common questions
Frequently Asked
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How does an estate at sufferance differ from a periodic tenancy?+
An estate at sufferance arises only after a prior possessory interest ends and the occupant remains without the owner's consent. A periodic tenancy requires either an express agreement or conduct implying consent such as accepting rent. The landlord's execution of a new lease to a third party or demand to vacate prevents any periodic tenancy from forming.
Supporting sources
Does a landlord's invoice for holdover rent convert an estate at sufferance into a new tenancy?+
A unilateral invoice demanding premium rates does not create consent or a new tenancy. The continuation remains wrongful unless the parties reach mutual agreement on new terms. The landlord may still pursue possession while the occupant holds only an estate at sufferance.
Supporting sources
What happens when a former tenant asserts safety regulations prevent immediate removal?+
Regulatory constraints do not negate wrongfulness if the landlord never consented to continued possession. Acceptance of a proposed storage fee may imply consent and defeat the estate at sufferance. Formal demand to vacate after initial inaction can restore the wrongful character of the holdover.
Supporting sources
When does tender of payment after lease expiration create a periodic tenancy instead of an estate at sufferance?+
Tender alone does not create a tenancy if the landlord gave prior written notice to vacate and neither deposits the check nor otherwise consents. Silence after an express demand preserves the wrongful holdover. Only affirmative acceptance or conduct implying agreement converts the estate.
Supporting sources
463 F.2d 853, 868 (D.C. Cir. 1972)Property
…a trespasser but became a tenant at sufferance." Ibid. The court added, however, that Mrs. Robinson's tenancy, "like any other tenancy at sufferance, may be terminated on thirty days' notice. The Housing Regulations do not compel an owner of housing property to rent his property. Where, as here, it has been determined that the property…
Real PropertyOwnership of real property · Landlord-tenant lawNEXTGENFoundational