(Citations and punctuation omitted.) Drury v. Security State Bank , 328 Ga. App. 39, 41 (2), 759 S.E.2d 635 (2014). The distinction between the two types of tenancies is important because a tenant at sufferance is not entitled to 60-days notice of termination from the landlord under OCGA § 44-7-7.
Hayes v. City of Atlanta, 1 Ga. App. 25, 25 (1907) ("It has been held, however, from ancient times, that a tenancy at will is not transferable or assignable."). See also Drury v. Sec. State Bank, 328 Ga. App. 39, 41 (2014) ("[T]he tenant at will holds by the landlord's permission. A tenant at will is always in by right, evidenced by permission, express or implied, of the landlord."); Restatement (Second) of Property: Landlord & Tenant § 15.1 (1977) ("[T]he tenancy at will can inherently exist only between the original parties.
A tenant at sufferance holds over by wrong, and he is in possession, not by permission of the landlord, but as a result of his laches or neglect.Drury v. Sec. State Bank, 328 Ga. App. 39, 41, 759 S.E.2d 635, 638 (2014). While Popli and his subtenant may have initially entered the Property lawfully pursuant to the Handwritten Agreement, the State Court of Bibb County determined in the Eviction Action that Alacrity was entitled to possession, which means that Popli and his subtenant became tenants at sufferance by their refusal to vacate the Property.
Section 9.4 provides, in part:(Punctuation omitted,) Drury v. Security State Bank, 328 Ga, App. 39, 759 S.E.2d 635 (2014).