Estate for Years, Periodic Tenancy, At Will and Sufferance

Those definitions classify the tenant's possessory interest. They do not, by themselves, supply every New York notice, renewal or eviction rule. Current residential statutes, rent regulation, Good Cause Eviction coverage and the parties' conduct can change the practical result.

The four leasehold estates at a glance

The fastest exam method is to ask two questions:

1. Was there a definite ending date or a repeating rental period?
2. If the right to possess ended, did the landlord accept rent for a later period or otherwise agree to continued possession?

Official source map

The New York Department of State 77-hour curriculum names estate for years, periodic estate, estate at will and estate at sufferance under Subject 4, The Contract of Sales and Leases.

Current New York consequences come from several separate statutes:

• Real Property Law section 232-c: effect of a tenant holding over after a term longer than one month and the landlord accepting post-term rent.
• Real Property Law sections 232-a and 232-b: month-to-month termination rules in and outside New York City.
• Real Property Law section 226-c: a residential landlord's 30-day, 60-day or 90-day notice for nonrenewal or a rent increase of at least 5 percent.
• Real Property Law section 228: written notice to terminate a tenancy at will or by sufferance.
• Real Property Actions and Proceedings Law section 711: grounds for a special proceeding when a tenant remains after expiration of the term.

The New York Attorney General's Residential Tenants' Rights Guide explains the rules in consumer language. New York court decisions show why “holdover,” “sufferance” and “month-to-month” are related but not interchangeable.

Estate for years

An estate for years is a leasehold for a definite period. The name does not require a term of one year or more.

These can all be estates for years:

• a store leased for ten years
• an apartment leased for twelve months
• an office leased for six months
• a vacation property leased for one week

The controlling feature is a knowable end, not the length of the term.

Example

A lease gives the tenant possession from September 1, 2026 through August 31, 2027. That is an estate for years. Monthly rent payments do not turn it into a periodic tenancy because the agreement still has a definite end.

Why rent frequency does not decide the estate

Students often see “rent due on the first of each month” and immediately choose month-to-month tenancy. That is incorrect when the lease runs for a fixed term.

Keep these ideas separate:

• lease term: how long the possessory estate lasts
• rent period: how often rent is calculated or paid

A two-year lease with monthly payments remains an estate for years.

Does an estate for years end automatically?

At common law, a definite term expires on its stated date without a separate notice to make the date arrive. Real Property Law section 232-b also says no notification is necessary to terminate a tenancy for a definite term in the context addressed by that statute.

Current New York residential law adds another layer. When a residential landlord does not intend to renew, Real Property Law section 226-c requires advance written notice based on the tenant's occupancy or the lease length. If timely notice is not provided, the tenant's lawful tenancy continues on the existing terms from actual written notice until the required notice period expires.

The exam-safe conclusion is:

• classify the fixed lease as an estate for years
• avoid assuming the classification erases a current residential notice statute

Renewal rights are a separate question

A non-rent-regulated fixed lease does not automatically produce a right to another fixed term. A lease may contain an option or automatic-renewal clause, and a statute may create notice duties.

Rent-stabilized housing follows its own renewal system. The Attorney General explains that covered rent-stabilized tenants generally have a right to a one-year or two-year renewal lease, subject to the governing rules and lawful grounds for nonrenewal.

Do not transfer that regulated-housing rule to every fixed-term lease in New York.

Periodic tenancy

A periodic tenancy continues for recurring periods until one party properly terminates it. The period can be weekly, monthly, quarterly or yearly.

The most familiar example is a month-to-month tenancy. Each month is a new recurring period, but no final termination date is set at the beginning.

How a periodic tenancy can arise

A periodic tenancy can be created by:

• an express oral or written agreement
• an agreement inferred from possession and regularly accepted rent
• acceptance of rent after a fixed term expires, as section 232-c provides

The payment pattern is evidence of the period when the agreement does not establish a different term.

Example

A landlord permits a tenant to occupy an apartment, accepts $1,800 on the first day of every month, and the parties set no final date. The facts point to a month-to-month periodic tenancy.

Compare that with a lease running from January 1 through December 31 with the same monthly payment. The second arrangement is an estate for years.

New York month-to-month notice rules

Current notice depends on who gives notice, whether the property is residential, where it is located, the duration of occupancy and whether other laws apply.

Residential landlord notice under section 226-c

When a residential landlord does not intend to renew, the minimum advance notice is based on the longer of the tenant's cumulative occupancy or the relevant lease term:

Section 226-c uses the same timeline when the landlord offers renewal with a rent increase equal to or greater than 5 percent.

For notices governed by the current Good Cause Eviction provisions, section 226-c also requires the notice described in section 231-c. That notice states whether the unit is covered or exempt and supplies additional information when the law applies.

The estate label is only the start of the analysis. A month-to-month residential tenancy that has lasted three years does not become an estate for years, but the landlord's notice is not merely “one month” under current section 226-c.

Tenant notice outside New York City

Section 232-b says a tenant may terminate a monthly or month-to-month tenancy outside New York City by notifying the landlord at least one month before expiration of the term.

The statute treats “one month” as a calendar-based period connected to the recurring term, not automatically as thirty days in every calendar.

New York City and nonresidential rules

Section 232-a governs month-to-month termination in New York City. For a residential landlord, it points to the notice period in section 226-c. For a nonresidential tenancy, it retains a minimum 30-day rule stated in the statute.

Section 232-b separately addresses property outside New York City and distinguishes a tenant or nonresidential landlord from a residential landlord subject to section 226-c.

Do not memorize “30 days everywhere.” Identify the location, use and party giving notice.

Tenancy at will

A tenancy at will is a permissive tenancy with no fixed term and no repeating period that defines automatic renewal. It continues while the relationship remains at the will of the parties, subject to modern notice and removal law.

Example

An owner permits a caretaker to occupy a cottage for an indefinite time. No weekly or monthly rent is set, and both understand the arrangement will continue only while they agree. Those facts point toward a tenancy at will.

Why it is not the same as a periodic tenancy

Both estates lack a final date, but their structures differ:

• a periodic tenancy renews in identifiable recurring periods
• a tenancy at will has no fixed recurring period

Regular monthly rent can lead a court to find a month-to-month tenancy rather than a tenancy at will. New York courts have historically been reluctant to label an indefinite paid occupancy a pure tenancy at will when the facts support a periodic estate.

Why it is not a license

A leasehold generally gives the tenant exclusive possession for the relevant time. A license gives permission to use property without transferring a possessory estate and is ordinarily personal and revocable.

Calling an agreement a “license” does not end the analysis. Courts examine the rights actually granted, including control and exclusive possession.

Termination in New York

Real Property Law section 228 states that a tenancy at will may be terminated by a landlord's written notice of at least 30 days, served in the manner described by that section.

For a residential occupant, other current notice provisions can require more. Section 226-c applies when a residential landlord does not intend to renew a tenancy, and section 232-a now protects residential tenants in the holdover context. A student should not use section 228's 30-day language to bypass a longer residential period that applies to the facts.

Tenancy at sufferance

A tenancy at sufferance arises when a person entered under a lawful possessory right, that right ended, and the person remained without a current right to possession.

It is sometimes called a holdover condition, but “holdover” describes remaining after a term. The landlord's response determines whether the situation remains a wrongful holdover or becomes a new tenancy.

Example

A tenant's fixed lease expires on June 30. The tenant stays in possession on July 1 without a renewal, and the landlord has not agreed to continued occupancy or accepted rent for July. The facts point to a holdover and may support a tenancy at sufferance.

Lawful entry is essential

A tenant at sufferance did not begin as a trespasser. The person originally possessed lawfully, perhaps under:

• a lease that expired
• a sublease tied to a prime lease that ended
• a possessory interest that terminated with a life estate

That history separates the concept from a person who intruded without permission from the beginning.

Current RPAPL section 711 also distinguishes a tenant from a squatter. It defines a squatter as someone who enters without permission and continues without title, right or permission. Do not call every holdover tenant a squatter.

New York court explanation

In 11114 101 Ave Corp. v Ramlogan, a 2025 New York court decision, the court explained that a tenancy at sufferance involves a person who once held a valid possessory interest and wrongfully remained after that interest ended. It also explained that owner delay can be relevant to the classification and to section 228 notice.

The case is useful because it separates three facts:

1. how possession began
2. when the possessory right ended
3. what the owner did after the right ended

The holdover conversion rule in section 232-c

Real Property Law section 232-c addresses a tenant whose term longer than one month has expired.

The tenant's mere act of staying does not, by itself, let the landlord impose a new term solely because of the holdover. The landlord may pursue lawful removal. If the landlord accepts rent for a period after expiration, however, the default result is a month-to-month tenancy beginning on the first day after the old term ended, unless an express or implied agreement provides otherwise.

Worked timeline

• Old lease: January 1 through December 31
• Tenant remains: January 1 after expiration
• Landlord accepts: rent specifically covering January
• No different agreement: nothing says the payment is for use and occupancy only or creates another term

Under section 232-c, the acceptance of post-term rent creates a month-to-month tenancy beginning January 1.

The classification changes:

• before expiration: estate for years
• immediately after expiration without consent: holdover, potentially tenancy at sufferance
• after accepted post-term rent under section 232-c: month-to-month periodic tenancy

Timing of acceptance matters

RPAPL section 711 states that acceptance of rent after a special proceeding has begun on the expiration ground does not terminate the proceeding or prevent an award of possession. Do not apply the simple section 232-c conversion rule without noticing when rent was accepted and what proceeding was already underway.

What the exam is testing

These questions usually test classification and changed facts, not obscure litigation procedure.

Look for:

• a definite ending date
• a recurring rent and renewal period
• indefinite possession based on continuing permission
• lawful entry followed by an expired right
• acceptance of rent after expiration
• location inside or outside New York City
• residential or nonresidential use
• the party giving termination notice

A reliable decision path

1. Is there a definite end? If yes, begin with estate for years.
2. Is there no definite end but a recurring period? If yes, periodic tenancy.
3. Is possession indefinite and permissive without a recurring term? Consider tenancy at will.
4. Did a lawful right end while possession continued without permission? Consider tenancy at sufferance.
5. Did the landlord accept post-expiration rent? Apply section 232-c and consider month-to-month tenancy.
6. Is the question asking about notice or removal? Add current residential, local, regulated-housing and court-process rules.

Six practice scenarios

Scenario 1: fixed term with monthly rent

A tenant signs a lease for eighteen months and pays on the first of every month.

Answer: Estate for years. The fixed end controls. Monthly payments do not create a month-to-month estate.

Scenario 2: no end date, rent accepted monthly

A tenant has no written lease. The landlord accepts rent each month, and no final date is agreed.

Answer: The facts point to a month-to-month periodic tenancy.

Scenario 3: indefinite permission without a rent period

An owner gives a worker exclusive use of a cottage for as long as both want the arrangement. No recurring rental term is stated.

Answer: Tenancy at will is the best classification from the stated facts.

Scenario 4: tenant stays after expiration

A one-year lease expires. The tenant remains, the landlord objects promptly, and no later-period rent is accepted.

Answer: The tenant is a holdover. The facts point toward tenancy at sufferance rather than an automatic new fixed term.

Scenario 5: rent accepted after expiration

After the one-year lease expires, the tenant stays and the landlord accepts rent for the following month with no different agreement.

Answer: Section 232-c creates a month-to-month tenancy.

Scenario 6: owner changes the locks

A residential tenant remains after expiration, and the owner changes the locks without a court proceeding.

Answer: The leasehold classification does not authorize self-help removal. RPAPL section 711 says no tenant or lawful occupant of a dwelling or housing accommodation may be removed except in a special proceeding. The Attorney General also warns that only an authorized officer can carry out a court-ordered eviction.

Common misconceptions

“Estate for years must last at least one year”

No. Any definite term can qualify, including a term measured in days or months.

“Monthly rent always means month-to-month tenancy”

No. A fixed lease can require monthly payments and remain an estate for years.

“A holdover automatically receives another lease of the same length”

No. Section 232-c rejects a new term imposed solely from holding over. Accepted post-term rent ordinarily creates a month-to-month tenancy unless another agreement provides otherwise.

“A tenant at sufferance entered unlawfully”

No. The person originally held lawful possession, then remained after that right ended.

“A tenancy at will needs no notice because either party can end it”

No. “At will” describes the estate's indefinite structure. New York statutes impose notice requirements, and current residential law may require more than section 228's baseline.

“The landlord can remove a holdover personally”

No. A residential tenant or lawful occupant can be removed only through the lawful court process and execution of a warrant by an authorized official.

“Acceptance of any money always creates month-to-month tenancy”

No. Identify the period the payment covers, any express or implied agreement and whether a proceeding has already begun. Section 711 treats rent accepted after commencement differently.

Frequently asked questions

What is an estate for years in real estate?

It is a tenant's possessory estate for a definite period with a knowable beginning and end. The period need not last a full year.

What is the difference between an estate for years and a periodic tenancy?

An estate for years has a fixed end. A periodic tenancy repeats for successive periods until one party gives the notice required to terminate it.

What is the difference between tenancy at will and tenancy at sufferance?

A tenant at will remains with current permission for an indefinite time. A tenant at sufferance originally possessed lawfully but remains after the possessory right ended and without a new current right.

Does a New York holdover become month-to-month?

Not merely by staying. Under section 232-c, if a tenant holds over after a term longer than one month and the landlord accepts rent for a later period, a month-to-month tenancy generally arises unless a different express or implied agreement exists.

How much notice does a New York landlord give a month-to-month residential tenant?

Section 226-c uses a 30-day, 60-day or 90-day period based on the longer relevant occupancy or lease fact. Other laws, including Good Cause Eviction and rent regulation, can add requirements.

Does a fixed-term New York lease require nonrenewal notice?

The term itself has a definite end, but current section 226-c requires advance written notice when a residential landlord does not intend to renew. Failure to give timely notice continues the lawful tenancy on existing terms until the required period expires after actual written notice.

Is a holdover tenant a squatter in New York?

No. A holdover tenant entered with permission and stayed after the term. RPAPL section 711 defines a squatter as a person who entered without permission and continued without title, right or permission.

Can accepted rent change the leasehold estate?

Yes. Acceptance of rent for a post-expiration period can create a month-to-month tenancy under section 232-c, unless the parties made a different agreement. The timing and purpose of payment matter.

What to study next

Continue with the Contracts, Sales and Leases study hub, where leases are placed inside the complete Subject 4 framework. Review the New York 77-hour course guide to see how leaseholds connect with contract formation, sales contracts and licensee boundaries. Then use the free practice sampler to test the classification sequence with different facts.

The next article in this sequence compares gross, net, percentage and graduated leases. That is a different question: who pays which operating costs and how rent is calculated.

Sources and verification notes

This article was checked against current official sources on August 27, 2026. The four-estate classification is an exam concept. Notice, renewal and possession rules depend on property use, location, regulation, Good Cause Eviction coverage, the agreement and procedural facts.

1. New York State Department of State, Real Estate Salesperson 77-Hour Curriculum. Subject 4 list of leasehold estates and lease objectives.
2. New York Real Property Law section 232-c. Holdover effect and creation of month-to-month tenancy through acceptance of post-term rent.
3. New York Real Property Law section 226-c. Current residential nonrenewal and rent-increase notice periods.
4. New York Real Property Law section 232-a. New York City month-to-month termination notice.
5. New York Real Property Law section 232-b. Month-to-month termination outside New York City and definite-term language.
6. New York Real Property Law section 228. Written notice for tenancies at will or by sufferance.
7. New York Real Property Actions and Proceedings Law section 711. Holdover grounds, residential special-proceeding requirement and effect of rent accepted after commencement.
8. New York Attorney General, Residential Tenants' Rights Guide. Current public guidance on leases, renewals, month-to-month tenancies, notice and eviction.
9. 11114 101 Ave Corp. v Ramlogan, 2025 NY Slip Op 25171. Current New York court discussion of tenancy at sufferance and notice.

This article provides general educational guidance. It does not reproduce live examination content or provide legal advice.