MBE Rules · Real Property
Tenancy types
The rule
Tenancy for years (fixed term). Periodic tenancy (renews automatically; notice for termination usually = one period). Tenancy at will (terminable by either party; modern statutes require notice). Tenancy at sufferance (holdover — landlord may evict OR hold to new tenancy).
In plain English
Different types of leases determine how long you can stay and how to end the lease. Some end on a set date, some renew automatically, and others can be ended by either party anytime with notice.
Worked example
A tenant signs a lease for one year, creating a tenancy for years. After it ends, they stay without a new lease. The landlord can either evict them or start a new lease, creating a tenancy at sufferance.
Memory hook
Tenancy Types: Fixed, Flowing, Free, Foul. Fixed term ends; Flowing renews; Free ends anytime; Foul is holdover.
The trap
Students think: Tenancy at will needs no notice. Wrong, because modern statutes often require notice. The actual rule is either party can terminate, but notice may be required.
How examiners test it
The MBE loves: tenant stays past lease end (holdover). Trap: students assume eviction is automatic. But landlord can choose to hold tenant to new tenancy.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.