Leasehold Estates

Question 1

What are the types of leasehold estates?

Answer 1

There are 4 types.

(1) Tenancy for years
(2) Periodic tenancy
(3) Tenancy at will
(4) Tenancy at sufferance

Question 2

What is a tenancy for years?

Answer 2

Def: an estate measured by a specified period of time, not matter how short

E.g., You’re lease at Burcham Woods!

Notice of Term? NO. Automatic termination at end of term.

Question 3

What is a periodic tenancy?

Answer 3

A repeating, ongoing, continuing, repetitive estate, until one party gives valid notice.

E.g., month-to-month, week-to-week

Question 4

What is a tenancy at will?

Answer 4

Tenancy continues until either party terminates, termination can occur at any time.

Notice of Term? NO!
Michigan requires 1 month’s notice.

Question 5

What is a tenancy at sufferance?

Answer 5

Represents the bare possession of a holdover tenant; at landlord’s sole option, landlord can either: (1) hold tenant as a trespasser and seek eviction & damages, or (2) impose a new periodic tenancy on tenant (res: month to month, com: depends).

Notice of Term: Yes b/c it effectively creates a periodic tenancy.

Question 6

What is valid termination upon notice?

Answer 6

Valid Termination requires Notice = (1) time + (2) correct effective date.

Time = period of lease.
– Exception: if tenancy is year to year, just 6 months notice. (Michigan: 1 year notice req’d)
Correct Effective Date = last day of the period.