Property OwnershipIntermediateArizona Exam

A 'tenancy at sufferance' in Arizona arises when:

AA tenant occupies the property under a month-to-month periodic tenancy that was created at the outset of the occupancy with the landlord's full knowledge and written agreement

BA holdover tenant remains in possession after the lease expires without the landlord's consentCorrect

CA landlord refuses to return the security deposit at the end of the tenancy, holding the funds beyond the statutory return period without providing an itemized accounting

DA tenant sublets the entire leased unit to a new occupant without obtaining the landlord's prior written consent as required by the lease agreement

Why A holdover tenant remains in possession after the lease expires without the landlord's consent Is Correct

Answer B: A holdover tenant remains in possession after the lease expires without the landlord's consent

A tenancy at sufferance exists when a tenant who previously had rightful possession holds over after the expiration of their lease without the landlord's consent. The landlord may either treat them as trespassers or accept rent to create a new periodic tenancy.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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Key Terms to Know

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Easement

A non-possessory right to use another person's land for a specific purpose.

Encumbrance

Any claim, lien, charge, or liability attached to real property that affects its value or limits its use.