Which type of possession occurs when a tenant stays on the property after the right to possess has terminated?

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!

The scenario described involves a tenant who remains on the property after their right to possess has ended. This situation is specifically referred to as "estate at sufferance." An estate at sufferance occurs when a tenant continues to occupy the property without the landlord's consent, following the expiration of their lease.

This type of possession does not involve a legal lease, as the tenant no longer has permission to stay. Instead, it reflects a circumstance where the tenant's original right to occupy the property has lapsed, yet they still physically remain. This is significant in landlord-tenant law, as it can affect the landlord's rights, potentially allowing them to initiate eviction proceedings or negotiate terms with the tenant.

The other terms listed describe different possessory interests or situations. An estate for years is a lease for a specific duration that is established by a contract. A leasehold estate refers to a tenant's right to occupy and use the property under a lease agreement. An estate at will is a more flexible arrangement, allowing either party to terminate the rental agreement at any time. In contrast, the key distinction for an estate at sufferance lies in the unauthorized occupation after an official lease has expired.

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