A tenancy at sufferance as it is defined in most jurisdiction arises in narrow circumstances and is “as illusory as the rings of Saturn viewed edge-on”.[1] The tenancy at sufferance arises when a tenant under one of the other types of tenancy wrongfully holds over. The definition varies by statute in some jurisdictions.[2]
Litigation may arise from a tenant leaving a few belongings behind, holding over for a short time while in the process of moving, or not vacating due to a serious medical condition.
The parties may create a new tenancy by express or implied agreement. This may arise when the landlord accepts rent, though at least one reported opinion held the tenant was still a tenant at sufferance where the landlord accepted rent during ultimately unsuccessful negotiations for a new lease. In most jurisdictions if the landlord accepts rent the periodic tenancy, though some courts have found a tenancy for years.
[1] Cunningham, Stoebuck, Whitman, The Law of Property, Second Addition 6.20 at 271.
[2] See, for example, Washington statute RCW 59.04.050.