Types of Tenancy

Below are the three most common types of tenancy: A tenant with a lease, a tenant at will, and a tenant at sufferance.

A tenant with a Lease

A tenant who will sign a lease in order to rent a property for a specified period of time, and is the most common type of tenancy. Under the restrictions of this tenancy, the landlord is unable to increase your rent or evict you until the end of your lease, unless you violate the agreement. Under this specific tenancy, 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

A tenant that has no definite term of residency, and therefore rents on a month-by-month basis. This type of tenancy can be either written or verbal. Both you and the landlord have the ability to terminate this arrangement by giving written notice of 30 days, and there is no reason required to end this type of tenancy. 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

A tenant that only exists in a very specific situation: when a tenant stays over at the end of a lease. This type of tenancy will end as soon as the landlord chooses to evict the tenant or hold another term. Whether the landlord decides to renew or terminate the lease, the decision is binding.