Which type of lease allows for holdover tenancy?

Which type of lease allows for holdover tenancy?

• A. Estate for Years
• B. Periodic Estate
• C. Estate at Will
• D. Estate at Sufferance

Answer: (D)

A lease that allows for holdover tenancy is known as an Estate at Sufferance. This type of tenancy arises when a tenant continues to occupy a rental property after their lease has expired without the landlord's consent. Essentially, the tenant has not been formally evicted and remains in the property, which is considered a holdover situation. In contrast to other types of leases, the Estate at Sufferance does not provide any legal basis for the tenant to remain on the property, but they are still present. Although the landlord can choose to evict the tenant or accept rent payments, the tenant's holdover creates a unique scenario where their occupancy is tolerated by the landlord, leading to the concept of suffering the presence of a tenant without a current legal lease agreement. The other types of leases typically have set durations or conditions that do not involve permissible holdover situations in the same way. An Estate for Years has a definitive start and end date, while a Periodic Estate is based on recurring periods (like month-to-month) and would typically require formal notice for termination. An Estate at Will is even more informal and implies a tenant's occupation is at the landlord's discretion, which rarely results in holdover scenarios as it does not extend beyond the landlord

A lease that allows for holdover tenancy is known as an Estate at Sufferance. This type of tenancy arises when a tenant continues to occupy a rental property after their lease has expired without the landlord's consent. Essentially, the tenant has not been formally evicted and remains in the property, which is considered a holdover situation.

In contrast to other types of leases, the Estate at Sufferance does not provide any legal basis for the tenant to remain on the property, but they are still present. Although the landlord can choose to evict the tenant or accept rent payments, the tenant's holdover creates a unique scenario where their occupancy is tolerated by the landlord, leading to the concept of suffering the presence of a tenant without a current legal lease agreement.

The other types of leases typically have set durations or conditions that do not involve permissible holdover situations in the same way. An Estate for Years has a definitive start and end date, while a Periodic Estate is based on recurring periods (like month-to-month) and would typically require formal notice for termination. An Estate at Will is even more informal and implies a tenant's occupation is at the landlord's discretion, which rarely results in holdover scenarios as it does not extend beyond the landlord