California Real Estate Salesperson Exam Practice - Quesiton 39

Question

An estate in which a tenant who rightfully came into possession retains possession after the expiration of the term without the consent of the landlord is:

Selections

• A. A life estate

• B. A periodic tenancy

• C. An estate at sufferance

• D. An estate at will 

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Answer: C

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5 Keys Summary

• An Estate at Sufferance (or tenancy at sufferance) is the tenancy created when a lawful tenant retains possession of a property after the lease term has expired, without the landlord's explicit consent.

• The situation is defined by the tenant holding on to the property, or wrongfully occupying it, after the lease has ended.

• This tenant is frequently referred to as a "holdover tenant".

• It is distinct from a Periodic Tenancy or an Estate at Will because, in those cases, the continued possession often has the owner's consent, either implicitly or explicitly, and they lack a definite termination date.

• If the landlord wishes to remove the tenant in an estate at sufferance, they must follow legal eviction procedures, such as an Unlawful Detainer action, to regain possession.

Explanations

An estate at sufferance (also known as tenancy at sufferance) perfectly describes a situation where a tenant initially entered a property lawfully but continues to occupy it after the lease term has expired, without the landlord's explicit consent. The landlord is said to be "suffering" the tenant's continued presence. While the landlord may eventually implicitly consent by accepting rent, which could convert the tenancy into a periodic tenancy, the initial act of holding over without consent defines an estate at sufferance.

In contrast:

• A life estate is an ownership interest in a property that lasts for the lifetime of a designated individual, not a tenancy that holds over after a lease.

• A periodic tenancy (or estate from period to period) is a lease agreement that continues for specific periods (e.g., month-to-month) and automatically renews until either party gives proper notice of termination. It implies an ongoing, often consented-to, arrangement.

• An estate at will (or tenancy at will) is a type of tenancy where a tenant occupies a property with the consent of the owner, often without a formal written lease and for an indefinite period, which either party can terminate at any time with sufficient notice. The key difference from an estate at sufferance is the presence of the landlord's consent.

Concepts Definitions

• Estate at Sufferance (Tenancy at Sufferance): A leasehold estate that arises when a tenant, who lawfully possessed the property, continues to occupy it after the lease term expires without the landlord's permission. The tenant is often referred to as a "holdover tenant".

• Leasehold Estate: A tenant's ownership interest in a property that is leased to them, characterized by a defined period of possession and use.

• Life Estate: A freehold estate (ownership interest) that grants a person the right to possess and use property for the duration of a specific person's life, rather than for a fixed term.

• Periodic Tenancy (Estate from Period to Period): A leasehold estate that continues for successive periods (e.g., month-to-month or year-to-year) until either the landlord or tenant terminates it with proper notice.

• Estate at Will (Tenancy at Will): A leasehold estate where a tenant occupies a property with the owner's consent, but without a formal lease or a definite term, and can be terminated by either party at any time with notice.

• Lessor/Landlord: The owner of real property who rents it to another person.

• Lessee/Tenant: The person to whom property is rented under a lease.