Leasehold Estates

Question 1

what is a leasehold?

Answer 1

an estate in land, under which tenant has a present possessory interest in the leased premises and the landlord has a future interest (reversion)

Question 2

what are the 4 leasehold estates?

Answer 2

1) tenancy for years
2) periodic tenancy
3) tenancy at will
4) tenancy at sufferance

Question 3

what is a tenancy for years?

Answer 3

a lease for a fixed, determined period of time (need not be actual years)

Question 4

when/how does a tenancy for years terminate?

Answer 4

ends automatically at its termination date

Question 5

is notice required to terminate a tenancy for years?

Answer 5

NO

Question 6

when must a tenancy for years be in writing?

Answer 6

when the term is greater than one year (SoF)

Question 7

what is a periodic tenancy?

Answer 7

a lease which continues for successive intervals (ie–month to month) until either landlord or tenant gives proper notice of termination
**NOTE = continuous until properly terminated

Question 8

under what circumstances is a periodic tenancy created by operation of law? (3)

Answer 8

1) land leased with no mention of duration but rent is made at set intervals
2) oral term of years that violates SoF creates implied PT
3) if landlord elects to hold over tenant who has wrongfully stayed past the length of OG lease (PT measured by the way rent is now tendered)

Question 9

how is a PT terminated?

Answer 9

via notice (usually written), otherwise automatically renews

Question 10

how much notice is needed to terminate PT?

Answer 10

notice must be at least equal to the length of the period itself

Question 11

under the restatement (maj. view), in a year to year PT, how much notice is required?

Answer 11

one month
** NOTE = 6 months required for CL (min. view)

Question 12

what is a tenancy at will?

Answer 12

a tenancy of no fixed period or duration, terminable at will of landlord or tenant
**typical language = “to T for as long as L or T desires”

Question 13

how must a tenancy at will be created?

Answer 13

must be created via express agreement that the lease can be terminated at any time
**NOTE = if not expressly agreed, court will treat it as an implied PT

Question 14

what is required to terminate a tenancy at will?

Answer 14

notice AND a reasonable time to vacate

Question 15

what is a tenancy at sufferance?

Answer 15

when a tenant wrongfully holds over (remains in possession) past the expiration of the lease
**NOTE = leasehold given in order to permit landlord to recover

Question 16

what are the landlord’s two options for dealing with a tenancy at sufferance? (holdover doctrine)

Answer 16

1) evict the tenant
2) bind the tenant to a new periodic tenancy (length dependent on how rent was computed under OG lease)

Question 17

what is the maximum PT that can be created by a landlord’s choice to hold tenant to another term?

Answer 17

a year to year tenancy