Question
nnnnAn estate in which a tenant who rightfully came into possession retains possession after the expiration of the term without the consent of the landlord is:
nnnnSelections
nnnn• A. A life estate
nnnn• B. A periodic tenancy
nnnn• C. An estate at sufferance
nnnn• D. An estate at will
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Answer: C
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5 Keys Summary
nnnn• An Estate at Sufferance (or tenancy at sufferance) is the tenancy created when a lawful tenant retains possession of a property after the lease term has expired, without the landlord’s explicit consent.
nnnn• The situation is defined by the tenant holding on to the property, or wrongfully occupying it, after the lease has ended.
nnnn• This tenant is frequently referred to as a “holdover tenant”.
nnnn• It is distinct from a Periodic Tenancy or an Estate at Will because, in those cases, the continued possession often has the owner’s consent, either implicitly or explicitly, and they lack a definite termination date.
nnnn• If the landlord wishes to remove the tenant in an estate at sufferance, they must follow legal eviction procedures, such as an Unlawful Detainer action, to regain possession.
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