Leasing License Practice Exam

What is another term for a holdover tenant?

1. Tenancy at Sufferance

2. Month-to-Month Lease

3. Fixed-Term Lease

4. Common Area Tenant

The correct answer is: Tenancy at Sufferance

A holdover tenant is someone who remains in a rental property after their lease has expired, without the explicit consent of the landlord to continue occupying the premises. This situation is legally recognized under the term "Tenancy at Sufferance." In this arrangement, the landlord has the option to either accept the tenant's continued occupancy—potentially creating an implied new lease—or pursue eviction. The key characteristic of this type of tenancy is that the tenant continues to occupy the property without a formal agreement, which places them in a vulnerable position regarding their rights as a tenant. In contrast, a month-to-month lease is a rental agreement that automatically renews every month, while a fixed-term lease specifies a set duration for tenancy, such as one year. Common area tenants generally refer to tenants who share common spaces in commercial properties, usually under different leasing agreements. Thus, these terms do not apply to the situation of a holdover tenant, making "Tenancy at Sufferance" the correct identification for this scenario.