The Four Leasehold or Non-freehold Estates Flashcards
There are four leasehold estates:
- the tenancy for years
- the periodic tenancy
- the tenancy at will
- the tenancy at sufferance
Tenancy for years
The lease is for a fixed, determined period of time.
How does a tenancy for years end?
A tenancy for years ends automatically at its termination date.
How is a tenancy for years usually created?
Usually created by written leases. A term of years greater than one year has to be in wiring to be enforceable because of the statute of frauds anyway.
What is a periodic tenancy?
Continues for successive intervals until either the landlord or the tenant gives proper notice of termination. One of the hallmarks of the periodic tenancy is that it is continuous until properly terminated.
How are periodic tenancies created?
Can be created expressly. Can be created by implication/operation of law.
How is a periodic tenancy terminated?
Notice, usually written, must be given. This is because a periodic tenancy is automatically renewed until proper notice of termination is given.
What is a tenancy at will?
Tenancy of no fixed period of duration. Terminable at the will of either the landlord or the tenant. For example, “To T for as long as L or T desires.”
How is a tenancy at will created?
Generally, a tenancy at will must be created by an express agreement that the lease can be terminated at any time.
Termination of a Tenancy at Will
In theory, a tenancy at will can be terminated by either party at any time. But today, in most states, notice and a reasonable time to quit (meaning, vacate) are required to terminate a tenancy at will.
Can also be terminated by operation of law.
When is a tenancy at sufferance created?
When a tenant wrongfully holds over, meaning they remain in possession past the expiration of the lease.
How is a tenancy at sufferance terminated?
Short-lived. Lasts only until the landlord either evicts the tenant or elects to hold the tenant to a new tenancy.
NO notice of termination required.
The Hold-Over Doctrine
Is a tenant continues in possession after their right to possession has ended, the landlord may: (1) evict the tenant, or (2) bind the tenant to a new periodic tenancy.
Can commercial tenants be held to a periodic tenancy?
Commercial tenants may be held to a new year-to-year periodic tenancy if the original lease term was for one year or more.
Can residential tenants be held to a periodic tenancy?
Residential tenants, however, are generally held to a month-to-month tenancy, regardless of original term. If the landlord notifies the tenant before lease expiration that occupancy after the termination will be increased rent, the tenant has acquiesced to the new terms by staying.
