Leasehold Estates

Question 1

The Four Types of Leasehold Estates

Answer 1

Term of years
Periodic Tenancy
Tenancy at Will
Tenancy at Sufferance

Question 2

Term of years

Answer 2

• A term of years if for a fixed, determined period of time
• If the period is greater than one year the lease must be in writing
• Notice is not necessary to terminate & the death of either L or T has no effect on the lease
• Language to create: To T for [time span]

Question 3

Periodic Tenancy

Answer 3

• The periodic tenancy continues for successive or continuous intervals until either L or T gives proper notice of termination
• If the interval is greater than a year, it must be in writing (bc of SoF)
• Can be created with either express or implied language “To T from month to month”
• Termination requires notice by L or T & L or T’s death is of no effect on the duration
• Under common law, if the lease is a year or more than 6 months is required - if it is less than a year must equal the length of the period but not exceed 6 months

Question 4

Tenancy at Will

Answer 4

• Tenancy at will has no fixed period or duration it lasts as long as either L or T desire
• Lang to create “To T so long as L or T desires”
• Under common law notice was not required but under modern statute, there must be reasonable notice by either L or T
• If L or T dies the tenancy ends

Question 5

Tenancy at Sufferance

Answer 5

• Created when a tenant remains in possession after the conclusion of the tenancy
• Lasts until the landlord either evicts the tenant or elects to hold the tenant to a new leasehold