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Types of Tenancy

By Dee Collard

A tenant with a Lease is one who signs a lease in order to rent an apartment 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. During this tenancy, you are obligated to pay your rent until the lease expires. However, if for some reason you need to move out before the date before the end of the lease, the landlord, in most instances, is obligated to replace you with another tenant.

A tenant at Will is one who 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. This can work well for very short term leases, but is not ideal for anything more serious.

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

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"if for some reason you need to move out before the date before the end of the lease, the landlord, in most instances, is obligated to replace you with another tenant." Isnt the leaving tenant liable

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