Q: I have a tenant who refuses to move
despite numerous eviction letters. He continues to pay rent directly into our
bank account, blatantly ignoring our notices to quit. He has been advised that he
has ongoing rights as long as he continues to pay rent, despite our opposition.
Isn’t this trespassing?
A: A Tenancy at Sufferance, also called
"Estate at Sufferance" or "Holdover Tenancy", is when a
lawful tenant remains on property after the lease has expired or been terminated.
While the tenant’s continued occupation may seem like trespassing, he is a Tenant
at Sufferance because, at one point in time, you, the landlord, lawfully rented
the premises to him. However, while not a trespasser, the tenant is in wrongful
possession of the property; therefore all monies paid would be deemed to be
Mesne Profits, and not rent, so you have all rights to evict at any point.
Get a court order and then get a Bailiff.
A Trespasser or Disseisor, on the other hand,
never had lawful possession of the property.
