California Real Estate Practice Exam

A tenant who stays in rented property after the lease has expired without the landlord's consent has what?

1. An estate for years

2. An estate at sufferance

3. A periodic tenancy

4. A tenancy at will

The correct answer is: An estate at sufferance

A tenant who stays in rented property after the lease has expired without the landlord's consent has an estate at sufferance. This is because they no longer have a legal right to occupy the property, but are still in possession without the landlord's permission. Option A (an estate for years) is incorrect because this refers to a lease for a specific period of time. Option C (a periodic tenancy) is incorrect because this refers to a lease that automatically renews for a specified period of time (such as month-to-month). Option D (a tenancy at will) is incorrect because this refers to a lease that can be terminated by either the landlord or the tenant at any time. These options are not applicable in a situation where the tenant has stayed in the rental property after the lease has expired without the landlord's consent.