Tenancy at sufferance

Example

A lease ends March 31, 2026 and the landlord told the tenant in writing, back in January, that it would not be renewed. On April 1 the tenant is still there, and the landlord refuses April’s rent. From that day the tenant is a tenant at sufferance and may owe use-and-occupancy charges for each day they stay. If the landlord accepts rent instead, many states would treat that as starting a new month-to-month tenancy.

In a lease it looks like…

Any holding over after the end of the term without Landlord’s written consent shall be a tenancy at sufferance, and Tenant shall pay use and occupancy charges of $60 per day until Tenant vacates.

Good to know

Even at sufferance, a tenant can only be removed through the courts. Changing the locks, taking the door off or putting belongings on the curb is a self-help eviction, which is illegal for home rentals in nearly every state and can leave the landlord owing damages.