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tenancy at sufferance:
(18c)
1. 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. * A tenancy at sufferance takes the form of either a tenancy at will or a periodic tenancy. — aka holdover tenancy; estate at sufferance, Sec HOLDING OVER (1). [1]
1. The tenancy of one who continues in possession after his right to possession has terminated, his original entry having been lawful. 32 Am J1st L & T § 75.
The tenancy of a lessee holding over the term of his lease without objection on the part of the landlord. 32 Am J1st L & T § 938.
A tenancy at sufferance is of such a nature as necessarily implies an absence of any agreement between the owner and the tenan t, and if express assent is given by the owner to such possession, the tenancy is thereby instantly converted into a tenancy at will, or from year to year, according to the circumstances. Willis v Moore, 59 Tex 628.
See estate by sufferance. [2]
1. The tenancy of a person who continues in possession after her right of possession has ended; the tenancy of a holdover tenant.
Compare tenancy at will. See sufferance. [3]
Excerpt from Robert E. Megarry & M.P. Thompson’s A Manual of the Law of Real Property (6th ed. 1993):
“A tenancy at sufferance arises where a tenant, hat rg entered upon land under a valid tenancy, holds over wrthoyt the landlord’s assent or dissent. Such a tenant differs from a trespasser in that his original entry was lawful, and from a tenant at will in that his tenancy exists without the land. lord’s assent. No rent, as such, is payable, but the tenant is liable to pay compensation for his use and occupation of the land. The tenancy may be determined [i.e., terminated] at any time, and may be converted into a yearly or other periodic tenancy in the usual way, e.g., if rent is paid and accepted with reference to a year in circumstances where the parties intended there to be a tenancy.” [4]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
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References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
[4]: Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 319 (6th ed. 1993)
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