What situation describes a tenant who occupies property after the lease has expired?

Prepare for the New York Real Estate Salesperson Test with interactive multiple choice questions and detailed explanations on each topic. Study effectively and pass your exam with confidence!

A tenant who continues to occupy a property after their lease has expired is classified as a holdover tenant. This scenario occurs when the tenant does not vacate the premises at the end of their lease term and remains in possession of the property, often leading to specific legal implications regarding the landlord-tenant relationship.

In many jurisdictions, a holdover tenant may face different outcomes based on how the landlord chooses to proceed. The landlord could either choose to accept rent payments, which might bind the tenant to a new lease agreement, or they could initiate eviction proceedings to remove the tenant from the property.

Understanding the implications of being a holdover tenant is important for both tenants and landlords. For tenants, it can result in legal consequences, including potential penalties or the loss of ability to recover any security deposits. For landlords, it's critical to have protocols in place for dealing with holdover situations effectively.

The other choices do not accurately describe the situation involving a tenant remaining after lease expiration. Actual eviction refers to the legal process of removing a tenant from a property, an easement by necessity relates to property rights involving access, and merger involves the combination of two properties under single ownership, none of which pertain to the scenario of a tenant occupying a property post-lease.

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