What does tenancy at sufferance refer to?

Tenancy at sufferance occurs when a tenant remains in possession of the rented property after their lease has expired, without the landlord's consent. This situation typically arises when a lease term ends, yet the tenant continues to occupy the premises. The landlord does not explicitly agree to this continued occupation and, thus, the tenant is said to be occupying the property "at sufferance."

In this framework, the landlord has the right to evict the tenant, as the original lease agreement has ended and the tenant lacks a legal right to remain in the property. The tenant does not have the legal protections afforded to those with a formal lease agreement because they are essentially trespassing, even though they may have originally had lawful possession.

This concept is important in property law, particularly in distinguishing between different types of tenancy and understanding the rights and responsibilities of both landlords and tenants in Colorado. The other options do not accurately describe the nature of tenancy at sufferance; for instance, an automatic renewal of a lease or an indefinite duration lease are not characterized by the tenant's unlawful presence.