tenant at sufferance

A tenant at sufferance came into possession lawfully under a lease but continues to hold after it has expired, without the landlord's assent or dissent. He is not a trespasser at the start, because his entry was lawful, but he has no estate in the property and is not entitled to notice to quit. The landlord may sue for possession and for mesne profits for the period of wrongful holding.

If the landlord accepts rent or otherwise assents to the continued possession, the tenant becomes a tenant holding over under Section 116 of the Transfer of Property Act, 1882, and a new tenancy (usually month to month or year to year, depending on purpose) arises. Rent control laws may give further protection to statutory tenants.

Example

After the lease expired the tenant remained in occupation without the landlord's consent; he was a tenant at sufferance and liable for mesne profits.

In Indian law

• Section 116, Transfer of Property Act, 1882 (effect of holding over)

See also

lease · eviction · mesne profits

Read more in the study notes

• Lease of immovable property (Property Law)