Turtles' Lair

One who has a non-freehold estate has:

- No ownership rights

- Exclusive right of possession

Exclusive right of possession allows the leasee to bar the actual owner from entry.

Under common law:
seen as an estate

Under modern law
seen as a contract

Lease Types

• Tenancy or Estate for years / Tenancy for a term
  
  For any period (days, weeks, years)
  
  
  Must have:
  
  • fixed beginning and end
  
  
  
  Terminates when:
  
  • expiration of estate, unless defeasible
  
  
  Key -
  the estate for years automatically ends unless it is renewed.
  Cannot terminate this lease. You know when it ends (unless there is a provision in the lease).
  It can only be created by an express, clear act.
  Can be in writing or oral as long as it satisfies the Statute of Frauds
  
  
  

• Periodic tenancy
  
  automatically continues for successive periods of time. (month-to-month) unless terminated by proper notice.
  
  
  Must have:
  
  • a specified period
  
  
  • a specified rent
  
  
  
  Terminates when:
  
  • parties proper notice terminates it
  
  
  
  Key -
  No need to renew (goes on until someone says they wish to end it)
  
  
  • indefinite duration broken into periods
  
  
  Lease ends at one period's notice
  
  
  • EX: March 5th notice; they are gone April first
  
  
  • Only goes up to 6 months notice
  
  
  It can be created when rent is paid regularly. An estate for years may turn into a periodic tenancy if it expires, but the landlord continues to pay rent regularly
  
  
  

• Tenancy at will
  
  Unspecified duration, no notice under common law
  
  
  Must have:
  
  • must have an agreement “as long as wish” but usually very rare.
  
  
  • usually created in a non-specific attempt to create a periodic tenancy
  
  
  
  Terminates when:
  
  • either party can at will, some states require a notice
  
  

Key -
No way to calculate the period.
If there is no clarity in the contract, it is a tenancy at will.
Womack Case.



Tenancy at Sufferance

Not a real tenancy, but the name used for a terminated tenancy when the Landlord has not decided if they wish to kick the tenant out or accept more rent. A person who has held land by lawful title and is continuing possession after his title has terminated without protected statutory right to retain possession, and without the agreement or disagreement of the person entitled to the property, may be sued for use and occupation of the land, but not for rent.