Which type of tenant remains in possession after a lease expires without landlord consent?

Study for the Legal Aspects of Real Estate Exam. Master essential legal concepts with multiple-choice questions and in-depth explanations. Get prepared and feel confident!

The correct answer is holdover tenant. A holdover tenant is someone who continues to occupy a property after the expiration of their lease agreement, without obtaining the landlord’s consent to remain. This situation often arises when a tenant does not vacate the premises after the lease term has ended, thereby remaining in possession of the property.

In this context, even if the previous lease term has concluded, the holdover tenant can still be subject to rent payments and conditions as outlined in the original lease agreement, unless the landlord decides to initiate eviction proceedings. The important legal implication here is that the tenancy has not been formally extended, but the tenant is nonetheless still in possession, leading to different potential consequences, such as the landlord seeking to either renew the lease or evict the tenant.

Other options like transitory tenant and sublessee do not accurately describe the situation as the term "transitory" generally refers to temporary or short-term occupancy, while a sublessee is someone who has taken over a lease from the original tenant, but is not the same as a holdover tenant. The concept of a periodic tenant refers to a type of tenancy that renews automatically on a specified interval (such as weekly or monthly) rather than one that persists without consent past

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