Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

What is the main characteristic of a tenancy at sufferance?

1. The tenant has the landlord's consent to stay

2. The tenant remains after the lease has expired without consent

3. The tenant is legally bound by a new rental agreement

4. The tenant has an indefinite lease agreement

The correct answer is: The tenant remains after the lease has expired without consent

The main characteristic of a tenancy at sufferance is that the tenant remains in possession of the property after the lease has expired without the landlord's consent. This situation arises when a tenant continues to occupy the premises even though their lease has ended, and they have not obtained explicit permission from the landlord to remain. In this scenario, the landlord has the right to evict the tenant because the tenant no longer has a valid lease agreement. It's important to understand that a tenancy at sufferance is different from other tenancy types as it occurs due to the tenant's actions in staying beyond the lease period, rather than any agreement between the tenant and landlord to extend the tenancy. The other options describe situations that do not accurately reflect a tenancy at sufferance. For instance, if the tenant has the landlord's consent to stay, it would be considered a different type of tenancy, such as a periodic tenancy. Additionally, if the tenant were legally bound by a new rental agreement or had an indefinite lease agreement, those scenarios would not align with the definition of tenancy at sufferance, where the tenant's presence is unauthorized following the expiration of the lease.