What is the term for non-lawful possession after a lease has expired?

Study for the CAS 45-Hour Real Estate Principles Course Test. Utilize flashcards and multiple choice questions to prepare thoroughly. Each question is paired with hints and explanations. Get ready to excel in your exam!

The term for non-lawful possession after a lease has expired is referred to as "estate at sufferance." This legal concept pertains to a situation where a tenant remains in a property without the consent of the landlord after the lease has officially ended. The tenant does not have a legal right to occupy the property but is essentially "tolerated" by the landlord, which is where the term "sufferance" comes from.

The key aspect of an estate at sufferance is that the tenant is not complying with the terms of a lease agreement since the lease is no longer active. This can lead to legal complications, as the landlord may seek to regain possession of the property. Understanding this concept is crucial in real estate, as it highlights the importance of adhering to lease agreements and the consequences of overstaying one's lease.

In contrast, a leasehold estate refers to a specific type of interest in real property that grants the tenant legal rights during the term of the lease. Tenancy at will describes an agreement where a tenant occupies a property with the landlord's consent without a formal lease, while tenancy by sufferance is a less commonly used term that can sometimes refer to the same concept as estate at sufferance, but it's not as precise.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy