Leasehold estates: estates for years, periodic tenancies, tenancy at will, and tenancy at sufferance

Classify possession by duration and consent

A leasehold estate gives possession for a time without transferring ownership.

• Estate for years: a definite beginning and end. Three months can qualify; a full year is unnecessary. Monthly installments do not make a fixed twelve-month lease periodic.
• Periodic tenancy: successive rental periods continue until properly terminated. Under Florida residential law, if the agreement provides no duration, the period for which rent is payable determines the tenancy: weekly, monthly, quarterly, or yearly.
• Tenancy at will: possession by permission without a fixed ending date. Florida's nonresidential terminology overlaps periodic tenancy: a written unlimited-term tenancy with recurring rent periods is called a tenancy at will.
• Tenancy at sufferance: lawful entry followed by remaining beyond the permitted term without consent. Unlike an intruder, the occupant originally had lawful possession.

Florida holdovers and termination

Under Florida's nonresidential holdover provision, a tenant remaining after a written fixed term expires without a further written renewal has a tenancy at sufferance. Mere payment or acceptance of rent does not renew the term. Continued holding over with the landlord's written consent creates a tenancy at will.

Distinguish residential from nonresidential rules before selecting a notice period. For Florida residential tenancies without a specific duration, written notice must precede the period's end by at least 60 days for yearly, 30 days for quarterly, 30 days for monthly, or 7 days for weekly tenancies. For nonresidential tenancies at will, the corresponding minimums are 3 months, 45 days, 15 days, and 7 days.

A fixed endpoint does not excuse ignoring notice provisions. Florida residential fixed-duration agreements may require reciprocal end-of-term notices between 30 and 60 days. Classify the estate, then apply the governing law and agreement.