Types of Lease Tenancies

This is a simple short list of the most common tenancies when it comes to landlord-tenant laws. There generally are four types of tenancies when it comes to landlord tenant relationships. All tenancies involve a form of privity of contract. The original tenant and the landlord are always in privity of contract with each other. Most of the time they are also always in a privity of estate as well. If you have any large concerns regarding your lease always check with a property attorney. The four most common tenancies are:

  1. Periodic Tenancy
  2. Tenancy at Will
  3. Tenancy For A Term of Years
  4. Tenancy At Suffrage

Periodic Tenancy:

A periodic tenancy is the most common tenancy and the one in which most people can regularly understand and deal with. A periodic tenancy is like a basic lease of an apartment or a house for rent. There is a lease for a specific amount of time that is payable at the same time at each different period. Generally, this is most common in leases for a year, where on the first of each month a tenant has to pay to the landlord rent. These type of tenancies are periodic tenancies. Usually if the tenancy is for more than a year, under the statute of frauds it also must be in writing. So if you rent an apartment, it is for more than a year, and it is not in writing it is not a periodic tenancy. That is, it is not a periodic tenancy until you begin to pay rent and the landlord accepts rent at the same time each month. Then a periodic tenancy is created. To terminate a periodic tenancy you must give the landlord notice equal to one payment cycle. So if you periodic tenancy is for a year and you pay month to month. You must give your landlord one full month notice that you will terminate your lease or that you will not be renewing it.

Tenancy At Will

A tenancy at will is a tenancy that can be terminated at any time by any party. This means that either the landlord or the tenant can cancel the attorney with reasonable notice. These tenancies have been increasingly rare.

Tenancy For A Term Of Years

A tenancy for a term of years is exactly what it sounds like. It is a tenancy that is based on a specific period of time. There does not need to be any notice for termination of the lease. It automatically terminates on a certain date and time. This lease is also not automatically renewed each year contrary to popular belief.

Tenancy At Sufferance

A tenancy at sufferance only occurs when a tenant hold over for longer than their lease. So if your lease just ended and you happened to stay an additional day or two, you have created a tenancy at suffrage. A tenancy at suffrage means the landlord can bind you to a new lease and you are liable for rent. The lease you will be bound to may be either a month to month tenancy or a new year lease based on the laws of the jurisdiction you in.

Other Information

If you feel as though you have been wronged by your landlord, it is best to determine whether they are liable to be sued. If your concerned about how long a vehicle can be parked in front of your property we have you covered. We also have information regarding those noisy neighbors of yours and how to file a noise complaint. If your just a student and want to know your rights in the dorms, you’ve come to the right place.

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