duration of tenancy Flashcards
tenancy for years/estate for years
a leasehold that has a definite term of
duration
-An estate for 5 years is a tenancy for years
- An estate for 1 year is a tenancy for years
- An estate for 3 months is a tenancy for years
can start date be uncertain?
yes for tenacy for years. impt is that it has a DEF end date
periodic tenancy
leasehold that lasts successive
units of time until either party terminates
(yr to yr, month;month, wk;wk)
terminate periodic tenancy
proper notice must be given
com law-6 mths in advance for a yr or longer
one period in advance, for longer than yr
*many states modify by statute.
tenancy at will
any tenancy that is not
a tenancy for years or periodic tenancy
-The tenancy can be created expressly or by
a failed attempt to create another nonfreehold
estate
-tradit did not req advance notice, some changed
tenancy at sufferance
right of possession that follows the termination of
another form of tenancy
-can await sheriff eviction & contin critical services
how long can a non-freehold estate last?
as long as parties want
landlord owns?
a future interest- a reversion
can you have a leasehold for 999yrs
yes, a vested interest (ex, hong kong leased by china to england for awhile.) (rockafeller ctr)
holdover tenant
a tenant who does not vacate premesis at end of tenancy
landlord options for holdover tenant?
Treat the tenant as a tenant at sufferance and
seek a sheriff’s eviction
- Treat the tenant as a tenant on a periodic
tenancy where the period is set to the duration
of the original estate for years
’ If the tenancy was a year-long estate for years? (holdover)
A year-to-year periodic tenancy would be created
If the tenancy was a two year-long estate for
years? (holdover)
A year-to-year periodic tenancy would be created
-If a longer period was used, it would violate the statute of frauds
