Property Ownership
In New York, 'tenancy at sufferance' arises when:
AA tenant signs a month-to-month lease
BA tenant remains in possession after the expiration of their lease without the landlord's consent✓ Correct
CA tenant subleases to a third party without permission
DA tenant fails to pay rent for two consecutive months
Explanation
A tenancy at sufferance (also called a holdover tenancy) arises when a tenant who had a lawful tenancy continues to occupy the premises after the lease expires, without the landlord's permission. In New York, the landlord may either treat the holdover as a trespasser and pursue eviction, or accept rent and treat the holdover as a periodic tenant (typically month-to-month).
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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.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EasementA non-possessory right to use another person's land for a specific purpose.
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