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Property Management/Leases
What is Tenancy at Sufferance?
A tenancy
at sufferance, also known as a holdover tenancy, exists when a tenant
remains in possession of property even after the expiry of his lease, and
until the landlord interferes to evict the tenant from the property.
Though the tenant can technically be called a trespasser at this point,
and possession of this type is not a case of true estate in land,
authorities recognize such a condition so as to hold the tenant liable for
rent. The landlord may remove such a tenant at any time, and without any
notice.
The landlord may also
choose to impose a new lease on the holdover tenant. For a residential
tenancy for instance, this new tenancy is month to month. For a commercial
tenancy of more than a year, the new tenancy is usually year to year;
otherwise it is the same period as it was before the original lease
expired. In either case, the landlord can raise the rent, as long as the
landlord has informed the tenant of the hike in rent before the expiration
of the original lease.
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