Leasehold estates
A leasehold estate is the interest a tenant holds under a lease. It is a nonfreehold estate: the tenant gets the right to possess the property for a time, while the landlord keeps ownership and the right to get the property back (the landlord's reversion). Leasehold estates are generally treated as personal property, not real property, even though they concern land.
A lease creates two things at once: a contract between the landlord and tenant, and a property interest for the tenant. There are four leasehold estates, and the exam tests how each one starts and ends.
Estate for years
An estate for years (also called a tenancy for years) runs for a fixed period with a definite start and end date. The name is misleading: a three-month lease is still an estate for years. Because both parties know the end date from the start, the lease ends automatically on that date and no notice is needed. A sale of the property does not end it; the buyer takes subject to the lease.
Periodic tenancy
A periodic tenancy runs from one period to the next, such as week to week or month to month, and renews automatically until one party gives proper notice to end it. It can be created on purpose, or it can arise when there is no stated term but rent is paid at regular intervals. The period is usually set by how often rent is due.
Tenancy at will
A tenancy at will has no set length. The tenant has possession with the landlord's permission, and either the landlord or the tenant may end it. Statutes often require some notice, but the tenancy has no fixed end date.
Tenancy at sufferance
A tenancy at sufferance arises when a tenant who came in lawfully holds over after the tenancy ends, without the landlord's consent. It is the lowest form of estate: the tenant is in possession but has no permission to be there. The landlord may start eviction proceedings or, by accepting rent, may agree to a new tenancy.
The tenant is not a trespasser, because the original entry was lawful. A person who never had permission to enter is a trespasser, not a tenant at sufferance.
Side by side
| Estate | Definite end date? | How it ends |
|---|---|---|
| Estate for years | Yes | Automatically at the end of the term |
| Periodic tenancy | No, it renews | Proper notice by either party |
| Tenancy at will | No | Either party ends it |
| Tenancy at sufferance | Original term has ended | Landlord evicts, or creates a new tenancy |
A note on Florida
Florida's landlord-tenant law (Fla. Stat. Chapter 83) sets its own notice periods and eviction procedures, and those details are not covered here. For the exam questions in this unit, focus on recognizing which estate a set of facts describes.