What defines a "tenant at sufferance"?

A "tenant at sufferance" is defined as a tenant who remains in a property after the lease has expired and does so without the landlord's consent. This situation arises when the tenant continues to occupy the rental property beyond the term of their lease, without entering into a new lease agreement or obtaining permission from the landlord to stay.

In this context, the landlord has not provided permission for the tenant to remain, which makes the situation one of potential legal conflict. Unlike a holdover tenant, who might have an agreement with the landlord to extend their stay, a tenant at sufferance is essentially occupying the property illegally and is at risk of eviction.

Other options presented do not accurately define a tenant at sufferance. For instance, a tenant who pays rent late does not meet this definition, as their tenancy is still valid until formally terminated. Similarly, a tenant on a month-to-month lease operates under a continuing tenancy that can be terminated by either party, and a tenant who legally sublets the property is acting within the terms of their original lease agreement, typically with the landlord's consent. Thus, the correct definition clearly aligns with the situation where a tenant remains without permission after their lease agreement has ended.