What is the term for an estate where a tenant remains in possession after the expiration of the lease without the landlord's consent?

The term that describes a situation in which a tenant remains in possession of a property after the lease has expired, and without the landlord’s consent, is known as an estate at sufferance. This type of tenancy occurs when the tenant continues to occupy the property after the lease term has concluded, typically without any formal agreement or authorization from the landlord to extend their tenancy.

This term is important in real estate as it highlights the legal nuances associated with tenancy agreements and the rights of landlords in such situations. In an estate at sufferance, the landlord has the right to evict the tenant, since the tenant is no longer on legally permissible grounds to occupy the property. The tenant does not have the same rights as they would under a regular lease or other forms of tenancy, such as a periodic tenancy or an estate at will, because they are in violation of the lease agreement by overstaying.

Understanding the implications of an estate at sufferance can help both landlords and tenants navigate tenant-landlord relationships, particularly regarding the rights and responsibilities that come into play when a lease ends.