Types of Tenancy

The three most common types of tenancy are a tenant with a lease, a tenant at will and a tenant at sufferance. It is important to understand which type of tenancy applies to your specific property case in order to understand your legal rights and obligations. Do you have a one year lease or do you pay rent month to month? The best way to avoid landlord tenant issues are to be fully aware of what the landlord is to understand the different types of tenancy, and to understand which your situation relates to.

A tenant with a Lease

This is someone who signs a lease in order to rent an apartment for a specified length of time, and is the most common type of tenancy. Under the restrictions of a leased tenancy, the landlord is unable to increase your rent or evict you until the end of your lease, unless you violate the agreement. With a lease, you are obligated to pay your rent until the lease expires. However, if for some reason you need to move out before the end of the lease, the landlord, in most instances, is obligated to replace you with another tenant.

A tenant at Will

Someone who has no definite term of residency, and therefore rents on a monthly basis. This type of tenancy can be either written or verbal. Both you and the landlord have the ability to end this arrangement by giving written notice of 30 days, and you don't need to give a reason for leaving. Furthermore, if the landlord would like to increase your rent, he or she must send you proper documentation to end your lease and then make you an offer to stay in your apartment with the new rent.

A tenant at Sufferance

This only exists in one specific situation, and that is when a tenant stays over at the end of a lease. This tenancy will end as soon as the landlord chooses to evict the tenant or have them stay for another stretch of time. Whether the landlord decides to terminate or renew the lease, the decision is binding.