Which tenancy arises when a tenant remains on the property after the lease ends, without permission?

Which tenancy arises when a tenant remains on the property after the lease ends, without permission?

• A. Tenancy in Common
• B. Tenancy at Will
• C. Periodic Tenancy
• D. Tenancy at Sufferance

Answer: (D)

The main idea here is holdover tenancy. When a lease ends and the tenant stays on the property without the landlord’s permission, the possession creates a tenancy at sufferance. It isn’t a new agreement granting the right to stay; it’s possession that the landlord has not consented to and may eject the tenant for. This differs from a tenancy at will, which exists with permission but has no fixed term and can be ended by either party at any time. It also differs from a periodic tenancy, which arises when there’s an ongoing rent obligation for successive periods (often created or continued by the landlord accepting rent after the term ends). Tenancy in common is about ownership shares, not an occupancy arrangement. So, a tenant remaining after the lease ends without permission is tenancy at sufferance.

The main idea here is holdover tenancy. When a lease ends and the tenant stays on the property without the landlord’s permission, the possession creates a tenancy at sufferance. It isn’t a new agreement granting the right to stay; it’s possession that the landlord has not consented to and may eject the tenant for. This differs from a tenancy at will, which exists with permission but has no fixed term and can be ended by either party at any time. It also differs from a periodic tenancy, which arises when there’s an ongoing rent obligation for successive periods (often created or continued by the landlord accepting rent after the term ends). Tenancy in common is about ownership shares, not an occupancy arrangement. So, a tenant remaining after the lease ends without permission is tenancy at sufferance.