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Flashcards in lease Deck (20)
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1
Q

The landlord’s acceptance of rent usually is considered conclusive proof of acceptance of the ___

A

periodic tenancy

2
Q

Does not contain specific expiration date

A

Estate (tenancy) from period to period

3
Q

No notice is required to terminate the __ because the lease agreement states a specific expiration date.

A

estate for years

When the date comes, the lease expires, and the tenant’s rights are extinguished.

4
Q

If the original agreement provides for the conversion from an estate for years to a periodic tenancy, ___

A

no negotiations are necessary; the tenant simply exercises the option.

5
Q

If the original lease provides for an option to renew, no further negotiation is required; the tenant merely exercises the option.

A

estate for years

6
Q

characterized by continuity because it is automatically renewable under the original terms of the agreement until one of the parties gives notice to terminate

A

A periodic tenancy

7
Q

This estate can arise when a tenant for years fails to surrender possession at the lease’s expiration.

A

estate (tenancy) at sufferance

8
Q

Such a tenancy is created initially to run for a definite amount of time—for instance, month to month, week to week, or year to year—but the tenancy continues indefinitely until proper notice of termination is given

A

estate (tenancy) from period to period, or periodic tenancy

9
Q

An estate from period to period also might be created when a tenant with an estate for years remains in possession, or holds over, after the lease term expires. If no new lease agreement has been made, a ____ is created.

A

holdover tenancy

10
Q

Gives tenant right to posess property with landlords consent for an unspecified or uncertain term

A

Estate (tenancy) at will

11
Q

Continues for definite period, which may be months, weeks, years, or even days

A

Estate (Tenancy) for Years

12
Q

Tenant who lawfully possessed real property continues in possession of the premises without landlord’s consent

A

Estate (tenancy) at sufferance

13
Q

always has specific starting and ending dates

A

estate for years

14
Q

To terminate a periodic tenancy, normally the notice must be given at least ___??___

A

one period in advance.

For example, to terminate an estate from week to week, one week’s notice is required; to terminate an estate from month to month, one month’s notice is required. For an estate from year to year, however, the notice requirements vary from two months to six months. Many states have statutory notice requirements.

15
Q

An estate at will is automatically terminated by

A

the death of either the landlord or the tenant

16
Q

To terminate a periodic estate,

A

either the landlord or the tenant must give proper notice.

17
Q

__ is a tenancy of indefinite duration; it continues until it is terminated by either party giving proper notice.

A

An estate at will

18
Q

A lessee has the right to use the premises for the entire lease term and that right is unaffected by the original lessor’s death or the sale of the property, unless the lease states otherwise.

A

estate for years

19
Q

When the estate expires, the lessee is required to vacate the premises and surrender possession to the lessor

A

estate for years

20
Q

It may be created by express agreement or by operation of law.

A

estate at will