Freehold

Leasing & Property Management term

Holdover Tenancy

A situation where a tenant remains in possession after a lease expires, which a landlord may treat as a new tenancy or evict.

Why Holdover Tenancy matters on the exam

This term belongs to Leasing & Property Management. The questions below are real items from Freehold's bank that use it - each one cites its source.

Exam questions using Holdover Tenancy

Every Freehold question shows why the right answer is right — and cites its source.

A tenant vacates a rental unit after the landlord fails to fix a severe, ongoing sewage leak that makes the unit unlivable. This situation best illustrates:

  1. Actual eviction
  2. Tenancy at sufferance
  3. A valid holdover tenancy
  4. Constructive eviction
Show answer & explanation

Constructive eviction — Constructive eviction occurs when a landlord's failure to maintain habitable conditions is so severe that it forces the tenant to abandon the premises, effectively depriving them of the lease's benefit.

Source: PSI National Real Estate Exam Content Outline §8 Leasing & Property Management

When a lease expires and the tenant remains in possession while continuing to pay rent that the landlord accepts, this situation is generally treated as a:

  1. Estate for years, usually renewed for the identical original term
  2. Holdover tenancy, typically converting to a periodic tenancy
  3. A genuine tenancy at sufferance that cannot be ended by either party
  4. Freehold estate granted by adverse possession
Show answer & explanation

Holdover tenancy, typically converting to a periodic tenancy — When a landlord accepts rent from a tenant who stays past the lease expiration, the arrangement typically becomes a holdover tenancy that courts treat as a periodic tenancy, often month to month.

Source: PSI National Real Estate Exam Content Outline §8 Leasing & Property Management

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