Texas Real Estate State Practice Exam

What happens in a tenancy at Sufferance?

1. The lease expires and the tenant refuses to move out

2. The holdover tenant pays rent and it is accepted

3. A lease can be terminated by either party at will without notice

4. A statutory estate is created by law

The correct answer is: The lease expires and the tenant refuses to move out

In a tenancy at sufferance, the situation occurs when a lease has expired, and the tenant remains on the property without the landlord's permission. Essentially, this is a holdover tenancy where the tenant refuses to vacate the premises even though their legal right to occupy it has ended. This creates a situation where the tenant is occupying the property against the wishes of the landlord, which is why "the lease expires and the tenant refuses to move out" defines this type of tenancy accurately. The other options address different scenarios that do not describe a tenancy at sufferance. For instance, if a holdover tenant pays rent and it is accepted, this would typically transition the situation into a tenancy at will or another form of tenancy, which is not the case in a tenancy at sufferance. Termination of a lease by either party without notice pertains more to different tenancy types and rights specific to those arrangements. Finally, the creation of a statutory estate generally involves legal frameworks that provide for certain types of tenancy by law and does not pertain to the situation of a tenant who simply refuses to leave after the lease has expired.