A lease ends on May 31, but the tenant stays in the unit without signing a renewal and without the landlord's consent. What is the tenant's status?
Correct Answer
C) Tenancy at sufferance
A tenant who entered lawfully and remains after the term expires without the landlord's consent holds a tenancy at sufferance, the lowest of the leasehold estates, and the landlord may move to remove the holdover. The same stay would become a periodic tenancy if the landlord consented, most commonly by accepting rent for a new period. A tenancy at will also requires the landlord's permission, and the tenancy for years ended by its own terms on May 31.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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- → An owner lets a friend stay in a cottage with the owner's consent, with no fixed term, no rent due on any regular schedule, and the understanding that either party may end the arrangement at any time. What type of tenancy is this?
- → At move-in, the landlord collects money that may later be used for unpaid rent or damage beyond ordinary wear and tear. What is that payment called?
- → A residential tenant stops paying rent after the landlord ignores two months of written requests to repair a furnace that failed in mid-winter. The tenant stays in the unit and defends the landlord's suit for the unpaid rent. Which doctrine most directly supports the tenant's defense?
- → A property manager of a 40-unit apartment complex budgets $75 per unit per month, or $3,000, into a dedicated account, and $36,000 accumulates over twelve months. The account is designated solely for foreseeable repair and upkeep needs such as exterior painting, roof patching and appliance repair, and not for the manager's compensation or for day-to-day operating costs. Which budget item does the dedicated account represent?
- → Which of the following is NOT normally part of a property manager's obligations to the owner?
- → A property manager prepares an annual operating budget that includes money set aside for roof repairs, painting, and other expected upkeep. What is that set-aside commonly called?
- → What is a 'triple-net lease' (NNN) in commercial real estate?
- → A commercial tenant wants to sublease half of her leased space to another business. The original lease is silent on subleasing. Can the tenant sublease the space?
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Previous Question
An owner lets a friend stay in a cottage with the owner's consent, with no fixed term, no rent due on any regular schedule, and the understanding that either party may end the arrangement at any time. What type of tenancy is this?
Next Question
A national clothing retailer signs a mall lease requiring $5,000 monthly base rent plus 6% of gross sales above a natural breakpoint of $83,333 per month. In a December holiday month, the store rings up $150,000 in sales and the landlord receives $5,000 in base rent plus an additional $4,000 calculated as 6% of the amount above the breakpoint, for $9,000 total. In slow months when sales never cross the breakpoint, the landlord receives only the base rent. Which lease structure did the retailer and landlord enter?