A tenant’s lease expires, but the tenant refuses to leave. What type of tenancy exists?
Correct Answer
D) An estate at sufferance
An estate (tenancy) at sufferance exists when a leasehold of any type expires and the tenant refuses to give up possession. An estate for years has a fixed term, a periodic tenancy renews until notice, and an estate at will can be ended at any time.
Why This Is the Correct Answer
Option D is correct because an estate (or tenancy) at sufferance exists when a leasehold of any type expires and the tenant refuses to relinquish possession. The tenant originally entered lawfully but now remains without a current lease or the landlord's consent. This distinguishes it from the other leasehold estates, which rest on an ongoing agreement.
Why the Other Options Are Wrong
Option A: An estate for years
Option A, an estate for years, is a leasehold for a fixed term with a definite end date; here the term has already ended.
Option B: An estate from period to period
Option B, an estate from period to period, renews automatically for successive periods until proper notice is given; a tenant refusing to leave after expiration is not under such an arrangement.
Option C: An estate at will
Option C, an estate at will, exists with the consent of both parties and can be ended by either at any time; a tenant who refuses to leave after expiration lacks the landlord's consent.
Sufferance means suffering holdover
At sufferance, the landlord suffers a tenant who stayed after the lease ended without permission.
How to use: Use this when a question describes a tenant remaining after the lease has expired.
Exam Tip
Match the fact pattern: fixed term means estate for years, automatic renewal means periodic, mutual consent with no term means at will, and holdover after expiration means at sufferance.
Common Mistakes to Avoid
- -Confusing an estate at sufferance with an estate at will
- -Assuming a holdover creates a new fixed-term lease
- -Treating an expired lease as an estate for years
Concept Deep Dive
Analysis
This question tests the types of leasehold estates. The key facts are that the lease has expired and the tenant stays without the landlord's agreement. That holdover situation is an estate (tenancy) at sufferance.
Background Knowledge
Leasehold estates include the estate for years, the periodic estate, the estate at will and the estate at sufferance. They differ in duration and in whether there is a current agreement between landlord and tenant. Appraisers need to understand the rights being appraised, including leasehold and leased fee interests.
Real-World Application
A tenant's lease on a rental house expires, and the tenant stays on while negotiating, without the owner's agreement to extend. An appraiser valuing the leased fee notes that the occupancy is at sufferance and does not treat the holdover as a secure lease income stream.
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