A holdover tenant would have a(n)?

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A holdover tenant is someone who remains in possession of a rental property after their lease has expired without the landlord's consent. In this scenario, the tenant's situation is classified as an "estate at sufferance." This type of estate arises when a tenant continues to occupy the property beyond the term of the lease, and the landlord has not taken any action to evict them.

The key characteristic of an estate at sufferance is that it exists without the legal right to occupy the property; the holdover tenant is essentially "suffering" under the landlord's lack of action to remove them. This classification is significant because it differentiates it from other forms of tenancy, like an estate at will, which can be terminated at any time by either party, or a freehold estate, which signifies ownership of the property.

In essence, a holdover tenant's status can lead to legal complexities, but it fundamentally represents a situation of unlawful possession following the expiration of a lease, thereby defining it as an estate at sufferance. Understanding this classification is crucial for both landlords and tenants in dealing with lease expirations and potential evictions.

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