A holdover tenant would have which type of estate?

A holdover tenant refers to a tenant who remains in possession of a rental property after their lease has expired and without the landlord's consent. In this situation, the type of estate they have is classified as an estate at sufferance.

This type of estate occurs when the tenant continues to occupy the property without the landlord's authorization. The key characteristic of an estate at sufferance is that the tenant is not legally authorized to remain—this is a situation where the landlord has the right to evict the tenant if they choose.

In contrast, an estate at will would imply that the tenant has permission from the landlord to stay, typically without a fixed term, and would require mutual consent for termination. A freehold estate represents ownership of property and can be held indefinitely, which does not apply to a holdover tenant. A remainder estate involves future interests in property after a prior estate ends.

Understanding these distinctions clarifies why the correct designation for a holdover tenant is an estate at sufferance, highlighting the tenant's unauthorized status and the landlord's rights in this scenario.