Question 1

What is a tenant at sufferance in Florida?

Accepted Answer

A tenant at sufferance is a tenant who remains in possession after the lease expires or is terminated, without the landlord’s consent. The tenant: had lawful possession (entered under a valid lease), no longer has a legal right to remain (the lease has expired or been terminated), and is not a trespasser (they entered lawfully). The landlord’s remedies: accept rent (creating a new tenancy) or evict through the Chapter 83 process. The landlord cannot use self-help (Section 83.67).

Question 2

How does a tenant at sufferance arise in Florida?

Accepted Answer

Creation: lease expiration (the lease term ends and the tenant does not vacate), lease termination (the landlord terminates the lease for cause and the tenant does not vacate), foreclosure (the new owner at a foreclosure sale may treat existing tenants as tenants at sufferance), and notice to vacate (the landlord serves a notice to vacate but the tenant remains). Once created: the tenant at sufferance has no legal right to the property but is entitled to due process (proper notice and court proceedings) before being removed.

Question 3

What is the relationship between tenant at sufferance and trespasser?

Accepted Answer

Distinction: tenant at sufferance (entered lawfully under a valid lease; has limited legal protections; the landlord must use the eviction process to remove), and trespasser (entered without any legal right; no legal protections; the property owner can file a criminal trespass complaint and seek immediate removal). The key: how the person initially entered the property. Even though a tenant at sufferance has no current right: they are entitled to formal eviction proceedings. A trespasser: can be removed by law enforcement without going through the eviction process.

Tenant at Sufferance

Tenant at Sufferance in Florida

How It Arises

Landlord Remedies

vs. Trespasser

Related Terms

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