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Sufferance

Defined in 1 dictionary — Bouvier (1914)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

TENANT AT. A tenant who has come rightfully into possession of lands by permission of the owner and continues to occupy the same after the period for which he is entitled to hold by such permission. 1 Washb. R. P. 392; 2 Bla. Com. 150; Co. Iitt. 57 b; Coomler v. Hefner, 86 Ind. 108. It may arise where a tenant wrongfully holds over after the expiration of his term, differing from tenancy at will where possession is by permission; 4 Kent 113; Edwards v. Hale, 9 Allen (Mass.) 462. It can hardly be called an estate; 3 Iloldsw. Hist. E. Ix 107. It is not a tenancy, but merely permissive occupation, determinable at any moment, and inalienable by the occupier; Jenks, Modern Land Law 77. It is of infrequent occurrence, but is recognized as so far an estate that the landlord must enter before he can bring ejectment against the tenant; 3 Term 292; 1 M. & G. 644. If the tenant has personally left the house, the landlord may break in the doors; 1 Bingh. 58; Dorrell v. Johnson, 17 Pick. (Mass.) 263; and the modern rule seems to injury is committed against the public peace; 14 M. & W. 437; 1 W. & S. 90; Ives v. Ives, 13 Johns. (N. Y.) 235; Low v. Elwell, 121 Mass. 309, 23 Am. Rep. 272.