In a tenancy at sufferance, what is the process called that the landlord may initiate to evict a tenant?

Study for the New Mexico Broker State Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In a tenancy at sufferance, the tenant remains in possession of the property without the landlord's consent after the lease has expired. To regain control of the property, the landlord may initiate a legal action known as a holdover proceeding. This is a specific procedure used to evict a tenant who is unlawfully occupying the rental unit beyond the agreed-upon lease term.

The holdover proceeding is designed to resolve disputes over the tenant’s continued occupancy and to facilitate the eviction process through the court system when necessary. This ensures that the landlord’s rights are upheld while also providing a legal framework that the tenant can respond to.

The other terms mentioned, while related to the landlord-tenant relationship, do not specifically refer to the legal process for eviction in cases of tenancy at sufferance. Lease termination refers to ending a lease agreement, not specifically to evicting a tenant in a holdover situation. An eviction notice is typically a notice that a landlord sends prior to filing an eviction proceeding; it serves as a warning but is not the formal process itself. A rent demand relates to requesting overdue rent, which doesn't directly address the issue of a tenant remaining beyond their lease without the landlord's permission.

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