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A landlord properly terminated a month-to-month tenancy by serving the required notice. The tenant stayed in possession after the notice period ran, without the landlord's consent. The tenant now occupies the property under:

Correct Answer

C) Estate at Sufferance

An estate at sufferance arises when a tenant who entered lawfully remains in possession after the right to possess has ended, without the landlord's consent. Proper notice ended the month-to-month tenancy here, so the tenant's continued presence rests on nothing but the landlord's failure to remove them. The landlord's remedy is a summary eviction action rather than self-help, and accepting rent afterward can create a fresh periodic tenancy.

Answer Options
A
Estate for Years
B
Estate at Will
C
Estate at Sufferance
D
Estate of Periodic Tenancy
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Related Topics & Key Terms

Related Topics:

eviction-procedureslease-agreements

Key Terms:

estate at sufferanceholdover tenantleasehold estatesunlawful detainertenancy types

Related Concepts

Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

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