Florida Broker Practice Exam

What occurs when the lease period has ended and the tenant remains on the property as a holdover?

1. Tenancy at will

2. Tenancy at sufferance

3. Leasehold estate

4. Life estate

The correct answer is: Tenancy at sufferance

When a lease period has ended and the tenant remains on the property, this situation is referred to as tenancy at sufferance. In this scenario, the tenant is continuing to occupy the property without the landlord's permission after the lease has officially expired. Unlike a tenancy at will, which can be terminated at any time by either party, a tenancy at sufferance is essentially an unlawful occupancy, where the tenant lacks any legal right to remain in the premises. The concept arises because the tenant has not vacated, indicating an intent to remain, though not with the landlord's consent. It typically serves as a transitional phase, where the landlord may choose to evict the holdover tenant or agree to a new lease arrangement. The precarious nature of this arrangement underscores that the tenant is essentially holding over against the will of the landlord, which is a critical aspect of tenancy at sufferance. Other terms like leasehold estate and life estate refer to different concepts altogether: a leasehold estate pertains to the rights a tenant enjoys under a lease, and a life estate relates to ownership defined by the life of an individual. Thus, understanding the unique characteristics that define tenancy at sufferance is essential in distinguishing it from other types of tenancies and property rights.