After a lease expires, if a tenant retains possession without consent, what type of estate do they hold?

When a lease expires, if a tenant continues to occupy the property without the landlord's consent, they hold what is known as an estate at sufferance. This situation arises when the original lease agreement has ended, and the tenant does not have permission to remain on the property, but they still continue to possess it.

The term "at sufferance" indicates that the landlord technically does not grant permission for the tenant to remain, and the tenant is occupying the property against the landlord's wishes. This estate is distinct from others, such as a fee simple estate, which conveys full ownership rights, or an estate at will, which allows for tenancy that can terminate at any time by either party. An estate in remainder pertains to future interests in property after a life estate ends, relating to a planned succession of ownership rather than current possessory rights.

Thus, an estate at sufferance accurately describes the tenant's situation, as they are essentially "trespassing" on the landlord's property, creating a precarious legal standing until the landlord either evicts them or agrees to a new lease.