If a tenant's lease expired on December 1st and they continued to occupy the space on December 2nd, what is the nature of their tenancy?

When a tenant's lease expires and they continue to occupy the property without the landlord's consent, this situation is typically categorized as a tenancy at sufferance. This type of tenancy arises when a tenant remains in possession of the property after the expiration of their lease. The tenant does not have a legal right to remain in the property, and the tenancy at sufferance is not a formal lease agreement.

In this scenario, since the tenant's lease expired on December 1st and they stayed beyond that date without a renewed lease or explicit permission from the landlord, they are essentially occupying the premises without any legal basis. This gives the landlord the right to evict them, as they are occupying the space against the owner’s wishes.

The other types of tenancies do not accurately describe this situation: an estate from period to period involves a recurring lease; an estate at will implies mutual agreement and can be terminated at any time; and an estate for years indicates a lease with a definitive beginning and end. Therefore, the conditions described clearly align with the characteristics of a tenancy at sufferance.