Dana rented a studio apartment from Mollie for one year, starting May 5, 2015 to May 5, 2016. Dana did not move out on May 5, 2016. Instead she sent Mollie a check for $300 on June 5, 2016 stating "June rent," which Mollie accepted. Mollie communicated to Dana that she was extending the lease to May 5, 2017. Dana confirmed the new tenancy and agreed to continue staying as a tenant. In this case, as of June 5, 2016, Dana is a tenant _____.

Question

Quizplus · Accepted Answer

In this case, as of June 5, 2016, Dana is a tenant for a term. A tenancy at sufferance occurs when a tenant remains in possession of the property (holds over) after a lease has expired. In this situation, the landlord has two options: (1) treating the holdover tenant as a trespasser and bringing an action to eject him, and (2) continuing to treat him as a tenant and collecting rent from him. If the owner selects the latter option the new tenancy will be either a tenancy for a term or a periodic tenancy. Since Dana and Mollie have agreed on a specific duration for the lease, the tenancy is a tenancy for a term.

Dana Rented a Studio Apartment from Mollie for One Year