What is it called when tenants remain in a property after their lease has expired?

When tenants remain in a property after their lease has expired, this situation is referred to as "tenancy at sufferance." In this circumstance, the tenant occupies the property without the landlord's consent for a further term, as they have overstayed their lease. This type of tenancy is not a legal or formal agreement; instead, it arises from the actions of the tenant who continues to reside in the property despite the expiration of the lease.

The key characteristic of a tenancy at sufferance is that the landlord has the right to evict the tenant at any time since the tenant does not have permission to stay. This contrasts with other tenancy arrangements, such as periodic tenancy, where the lease continues on a recurring basis like month-to-month, or tenancy at will, which allows either party to terminate the tenancy at any time with appropriate notice. In essence, the term emphasizes the landlord's potential hardship as the tenant remains without a legal right to do so.