What differentiates a holdover tenant from a tenant at sufferance?

A holdover tenant is distinguished by their permission to remain on the property even after the lease term has expired. Typically, when a lease ends, if the tenant continues to occupy the property with the landlord's consent—whether this consent is explicit or implied—they are labeled as a holdover tenant. This situation implies an ongoing landlord-tenant relationship, and the expectation is that the tenant will continue to pay rent, often at the same rate as before, or possibly adjusted.

On the other hand, a tenant at sufferance occupies the leasehold without the landlord's consent after the lease has expired. This scenario usually indicates a lack of mutual agreement regarding the terms of continued occupancy, and the landlord has the right to seek eviction without delay since this tenant is essentially trespassing.

Recognizing these distinctions is important in property management, as they affect the rights and obligations of both parties involved in a lease agreement. Holdover tenants can often remain in the property under certain conditions, while tenants at sufferance create more legal challenges for landlords because they occupy the property without permission.