I always have problems with the definition between Estate for Years and Periodic Estate. So many other sources seem to forget to mention that Periodic Estate lease renews automatically.
Great video. What I don't understand is, why under Estate at sufferance the tenant wouldn't be considered trespassing if they stayed after their contracted time period and why the landlord has to jump through hoops to get the deadbeats out? Can someone explain this to me? Thank you.
An Estate at Sufferance occurs when a tenant stays after their lease has ended without the landlord's permission. While it may seem similar to trespassing, it's not quite the same legally. Trespassing generally refers to a person unlawfully entering or remaining on property they have no right or permission to be on. In contrast, a tenant under an Estate at Sufferance originally had a legal right to occupy the property. The reason why landlords can't immediately remove such tenants and must "jump through hoops" is because of tenant protection laws. These laws are designed to prevent landlords from forcibly removing tenants without due process, even if they are "holdover tenants" or are not paying rent. To remove such a tenant, the landlord must go through the legal process of eviction, which can be time-consuming but it ensures both parties' rights are protected.
I was stumped on this one on my RE Exam! It’s was what type of lease is on land? I’m thinking now periodic lease? Think I got it wrong? Still not sure of the answer! Just curious?
