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Word of the Week: “Tenant at Sufferance” Defined

Thursday, September 6th, 2012 by

tenancy at sufferance – a tenancy arising when a person who has been in lawful possession of property wrongfully remains as a holdover after his or her interest has expired (Black’s Law Dictionary, 7th edition)

A tenancy at sufferance generally exists because the tenant has come into possession lawfully but wrongfully remains in possession. One common way a tenancy at sufferance arises is when someone buys a house with a mortgage, defaults, and then is foreclosed upon. Under this circumstance, the buyer at the foreclosure sale becomes the borrower’s landlord, and the borrower becomes a tenant at sufferance.

Generally speaking, the rules and procedures applicable to dispossessing a tenant at sufferance are the same as for any other tenant. One notable difference, however, is that no notice is required to terminate a tenancy at sufferance (although a demand for possession is still a required condition precedent of a dispossessory action before an eviction can take place).

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3 Responses to “Word of the Week: “Tenant at Sufferance” Defined”

  1. [...] > Word of the Week: “Tenant at Will” Defined « Word of the Week: “Tenant at Sufferance” Defined Word of the Week: “Tenant at Will” Defined Categories: Word of the Week Thursday, [...]

  2. [...] could be argued a tenant holding over is a tenant at sufferance. To be sure, there is substantial overlap between the two terms under most generally accepted [...]

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