Final answer:
A tenant who remains on a property without landlord consent after lease expiration is engaged in 'tenancy at sufferance'. They can be responsible for damages and further rent. Both parties can terminate the lease if the landlord cannot deliver possession due to the tenant's overstaying.
Step-by-step explanation:
A tenant who stays in rented property after the lease has expired without the consent of the landlord is said to have 'tenancy at sufferance'. This occurs when a tenant continues to live in a property after their lease ends without the landlord's permission. In this situation, the lease does not renew by default. According to a standard lease agreement, this action may lead to liability for additional rent and damages, which can include the landlord's loss of prospective new renters as they are unable to take possession of the property for re-rental.
If the tenant does not vacate the premises, the landlord may issue a written notice of intention to vacate, with just cause where required by law. The tenant is considered to be in possession of the property until all of their belongings are removed and they return all keys and property provided for their use. In the case that the owner cannot deliver possession of the residence to the new residents because the previous tenant has not vacated, either party can terminate the agreement upon written notice, and any paid sums would be refunded.