California Real Estate Practice Exam

When a tenant who had rightfully come into possession of a property by means of a lease agreement retains possession after the expiration of said lease without permission of the owner, it is called a(n):

1. estate at sufferance

2. estate at will

3. estate for years

4. periodic tenancy

The correct answer is: estate at sufferance

When a tenant retains possession of a property after the expiration of a lease agreement without the permission of the owner, this situation is known as an estate at sufferance. In this context, the tenant initially had a legal right to occupy the property through the lease. However, once the lease expires, the continued occupation without the landlord's consent transforms the tenant's status. The term "sufferance" indicates that the tenant is holding over without the landlord's formal agreement, which means the landlord may have the option to evict the tenant or negotiate new terms. In contrast, an estate at will would imply the tenant has permission to stay but can leave at any time or can be kicked out at any moment. An estate for years refers to a lease with a fixed term, and a periodic tenancy involves a rental agreement that renews automatically for a specific period, such as monthly or yearly, until either party provides notice to terminate. Therefore, the nature of these other options does not apply to the scenario where the tenant is unlawfully retaining possession after the lease has expired.