Types of Tenancy

There a three common types of tenancy that property renters should be aware of: a tenant with a lease, a tenant at will, and a tenant at sufferance. It is important to ask your landlord which type of tenancy he or she will be requiring throughout the duration of your residency to make sure that it corresponds with how long you intend to stay.

A tenant with a Lease

Someone who signs a lease in order to rent an apartment for a specified period of time. This is the most common type of tenancy. Under the restrictions of this tenancy, the landlord cannot increase your rent or evict you until the lease expires, unless you violate the agreement. Under this tenancy, you are obligated to pay your rent until the end of the lease. However, if for some reason you need to move out before the lease expiration date, 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. This means that the tenant can rent on a month-by-month basis. This type of tenancy can be either written or verbal. Both the tenant and the landlord have the ability to terminate this arrangement by giving written notice of 30 days, and there is no reason required. Furthermore, if the landlord would like to increase the monthly rent, he or she must send you proper documentation in order to end your lease. The landlord must 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: 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. The decision is binding whether the landlord decides to terminate or renew the lease.