Final answer:
An estate at sufferance is the situation where a tenant remains in possession of a leased property without the landlord's consent after the lease has expired. This status can lead to legal complications, including eviction and financial claims against the tenant.
Step-by-step explanation:
If a tenant occupies a leased property without the consent of the landlord after a lease expires, the type of estate that results is called an estate at sufferance. This occurs when the tenant stays on the property without the right to be there, without signing a new lease, and without explicit permission from the landlord. It differs from a holdover estate where a tenant might remain on the property with the landlord's consent, typically while negotiating a new lease.
An estate at sufferance is not a desirable situation for either party, as it can create legal and financial complications. For the tenant, it means living in uncertain conditions without a lease to protect their rights. For the landlord, it represents a loss of control over the property, and they may pursue eviction proceedings or seek rent for the period of unlawful stay.
In legal terms, an estate at sufferance may pose risks to both the landlord and the tenant. The landlord must follow legal procedures to remove the tenant or to formalize the tenancy, while the tenant risks eviction and potential legal action for back rent and damages.