The Four Leasehold or Nonfreehold Estates

Question 1

The 4 Leasehold Estates

Answer 1

• The tenancy for years
• The periodic tenancy
• The tenancy at will
• The tenancy at sufferance

Question 2

Tenancy for Years

AKA term of years, estate for years

Answer 2

• Fixed, determined period of time
• Termination automatic on end date (No notice necessary)
• Writing: Term for greater than 1 year must be in writing to be enforceable

Question 3

Periodic Tenancy

Answer 3

• Continues for successive intervals until properly terminated
• Continues until proper notice given by either party

Express Creation (Ex: To Jim from “month to month” or “year to year”)

Creation by Implication/Operation of Law (Implied Periodic Tenancy):
* Payment of rent at set intervals
* Oral term of years
* Hold over

Termination:
* Common Law = At least equal to length of given interval (6 months if year to year; 1 month under Restatement)
* Note: By private agreement, the parties may lengthen or shorten these common-law prescribed notice provisions.
* Notice must be timed to terminate lease at end of period

Question 4

Tenancy at Will

Answer 4

• No fixed duration
• Terminable at will of either party

Creation:
* Expressly terminable at any time
* Unless parties explicitly agree, regular rent payments = Implied periodic tenancy

Termination:
* Theoretically, either party at any time can terminate, but most states require reasonable notice

Question 5

Tenancy at Sufferance

Answer 5

• Tenant wrongfully holds over past expiration of lease
• Landlord can recover rent

Termination:
* Landlord evicts or holds tenant to new tenancy