Leasehold Estates

Question 1

Tenancy for Years

Answer 1

this lease is for a fixed, determined period of time

for example it could be as little as 1 week or as long as 100 years

this lease is terminated automatically at the end of the fixed period of time

if the lease is longer than 1 year then it must e evidenced y a signed writing as required by the statute of frauds

Question 2

The Periodic Tenancy

Answer 2

is a lease that continuous for successive intervals (ex: month to month) until either the landlord or the tenant gives proper notice of the termination

it is continuous until properly terminated

termination requires written notice at least equal to the length of the period itself (ex: 1 month written notice in a month to month lease)

Question 3

Tenancy At Will

Answer 3

a lease with no fixed period of duration – its terminable at the will of either the landlord or the tenant

(ex: To T for as long as L or T desires)

It’s created by express agreement; if the lease only gives the landlord the right to terminate a similar right will be implied in favor of the tenant as well

it is terminated by written notice and a reasonable time to vacate or quite the premises; alternatively this lease can be terminated by operation of law (ex: due to death or commission of waste)

Question 4

Tenancy At Sufferance

Answer 4

created when a tenant wrongfully holds over, meaning they remain in possession past the expiration of the lease; this permits the landlord to recover rent

this type of leasehold only last until the landlord evicts the tenant or elects to hold the tenant to a new tenancy; therefore, no notice of termination is required