What does 'tenant at sufferance' imply for the landlord's consent?

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A 'tenant at sufferance' refers to a situation where a tenant remains in possession of rental property after their lease has expired, without the landlord's consent. In this circumstance, the tenant does not require formal consent from the landlord to continue occupying the premises.

Instead, the relationship is characterized by the landlord's passive acceptance of the tenant's presence (or "suffering" of the tenant), which means the landlord has not taken action to evict the tenant despite the lease's expiration. This non-consent allows the tenant to remain on the property, although the landlord can take steps to regain possession at any time.

The concept emphasizes that the tenant's continued occupation is not based on an agreement or permission but rather on the landlord's inaction. This differentiates the situation from other forms of tenancy where explicit agreements and consents are necessary for tenancy to be valid and ongoing.

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