Unit 5: Estate at will Estate at sufferance Flashcards

Unit 5: Estate at will & Estate at sufferance Flashcards

What is estate at will?An estate that gives the lessee the right to possession until the estate is terminated by either party; the term of this estate is indefinite When a tenant fails to surrender possession, or holds over,

the tenant is responsible for the:

Payment of monthly rent at existing terms and rate Estates in land identify the extent of one's interest in real property. Match the following definitions to the terms for their corresponding types of estate.Estate at sufferance= Arises when tenant who lawfully possessed land continues to possess land after right to possession has expired Example of estate at will.A landlord tells a tenant that at the end of the lease someone else will be moving into the apartment. The landlord gives the tenant the option to continue to rent until the new tenant is ready to move. If the tenant agrees, a tenancy at will is created A periodic tenancy automatically terminates at the end of the period. T or F?False, A periodic tenancy is characterized by continuity, and it automatically renews itself under the original terms of the agreement for similar succeeding periods until one of the parties gives notice to terminate

The three options are:- The landlord can accept rent offered by the tenant,

thereby creating a new tenancy under conditions of the original lease, a holdover tenancy- The landlord can treat the tenant as a tenant at sufferance by either objecting to the tenant holding over or informing the tenant of such treatment, thus creating a month-to-month or periodic tenancy.- The landlord can treat the tenant as a trespasser and proceed with an eviction and damages action Estates in land identify the extent of one's interest in real property. Match the following definitions to the terms for their corresponding types of estate.Estate at will = Tenancy of indefinite duration that continues until terminated by either party _____ automatically terminates by the death of either the landlord or the tenant.An estate at will- It may be created by express agreement or by operation of law.An estate for years gives the tenant the right to occupy and use the property for the entire period of the estate according to the terms and conditions in the lease agreement. T or F?True If a lease contains a holdover clause,That lease governs the rights of both the landlord and the tenant As a practical matter, tenancy at will is rarely used in a

written agreement and is viewed:

Skeptically by the courts Estates in land identify the extent of one's interest in real property. Match the following definitions to the terms for their corresponding types of estate.Estate for years = leasehold estate that continues a definite period of time

When can estate at sufferance arises?When a tenant for years fails to surrender possession at the expiration of the lease If a lease does not contain such a clause, then: a state's law governs and typically offers three options Estates in land identify the extent of one's interest in real property. Match the following definitions to the terms for their corresponding types of estate.Periodic estate = When landlord and tenant enter into an agreement for an indefinite period of time