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what is a tenant at sufferance
. A tenant at sufferance in India refers to a situation where a tenant continues to occupy the property after the expiration of the lease term without the landlord's explicit consent but also without the landlord actively objecting to their presence.
What Does Tenant at Sufferance Mean?
This situation arises when a tenant legally entered into possession of the property but overstays after the lease or rental agreement has ended.
In such cases, the tenant's continued occupation is not legally authorized, and they do not have any formal right to remain in the property. The term "sufferance" indicates that the landlord tolerates the tenant's presence but does not legally recognize it.
This status contrasts with a "tenant at will," where the tenant stays with the landlord's permission, which can be terminated at any time.
A tenant at sufferance is not entitled to the same rights and protections as a regular tenant, such as the right to a notice period before eviction.
The landlord has the right to reclaim possession of the property and can initiate legal proceedings for eviction without a notice period, as the tenant's continued stay is not legally recognized.
However, landlords cannot use force to evict the tenant and must follow due legal process, including filing a suit for eviction if necessary.
In India, the rights and obligations of tenants and landlords are primarily governed by state-specific rental laws and the Transfer of Property Act, 1882.
While the concept of a tenant at sufferance is recognized, it is essential to consult the specific state's rent control laws and legal provisions for detailed regulations and procedures. This is all about what is a tenant of sufferance.
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What is a Tenant at Sufferance?
shivam
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9 months
2024-07-31T13:05:45+00:00 2024-07-31T14:00:22+00:00Comment
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