The Four Leasehold or Nonfreehold Estates

Question 1

The Four Leasehold Interests

Answer 1

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

Question 2

Tenancy for Years

Answer 2

Lease for known, fixed period of time. (doesn’t need to be for years).

Termination is automatic, no notice needed.

Writing typically needed if >1 year.

Question 2

Creating a periodic tenancy

Answer 2

Express (L to T from month to month)

or by implication
-no mention of duration but rent at set intervals
-oral term of years violating SoF
-holdover tenant after lease ends

Question 3

Periodic Tenancy

Answer 3

Lease that continues for successive intervals until properly terminated

Question 4

Termination of Periodic Tenancy

Answer 4

Notice, usually written.

How much notice> Usually, at least equal to the length of the period iteself unless otherwise agreed.
—–but one month if its year to year

Usually, timed to end at the end of a lease period.

Question 5

The Tenancy At Will

Answer 5

1) No fixed period of duration.
2) Terminable at will.

Question 6

Creation of Tenancy At Will

Answer 6

Generally, express agreement that the lease can be terminated at anytime.

Question 7

Termination of Tenancy At Will

Answer 7

In theory, at any time.

But in most states, notice and a reasonable time to vacate is required.

Can also be terminated by operation of law.

Question 8

Tenancy at Sufferance

Answer 8

1) T wrongfully holds over past lease expiration
2) L proceeds to recover rent
3) Terminates when L moves to evict or holds T to new tenancy