Landlord–tenant: types of tenancies

Question 1

Tenancy for years

Answer 1

A tenancy for years is measured by a fixed and ascertainable amount of time. The measurement need not be in years.

It is created by agreement. The statute of frauds applies if the term is longer than a year.

It automatically terminates upon expiration of the term, and notice is not required unless the lease requires otherwise.

Question 2

Periodic tenancy

Answer 2

A periodic tenancy is repetitive estate ongoing for a set period of time—e.g., month-to-month—until one party gives proper notice of termination.

It can be expressly (e.g., signed lease) or impliedly (e.g., payment of rent) created.

Question 3

Periodic tenancy: notice requirements

Answer 3

Proper notice is:

(a) Six months in a year-to-year lease, although many states have lowered the requirement to a month;
(b) Otherwise, before the start of what will be the last term, effective on the last day of the term.

Question 4

Tenancy at will

Answer 4

Tenancies at will can be created by express agreement or by implication.

The death of the landlord will terminate a tenancy at will, although it wouldn’t for a tenancy for years or a periodic tenancy.

Question 5

Tenancy at will: right to terminate

Answer 5

If the agreement only gives the landlord the right to terminate at will, courts will read in a right for the tenant to terminate.

But courts will not imply the converse.

Question 6

Tenancy at sufferance

Answer 6

Tenancies at sufferance are created when a tenant holds over after the end of a lease.

A tenancy at sufferance exists until the landlord evicts or re-rents to the prior tenant.

Question 7

Tenancy at sufferance: damages

Answer 7

The holdover tenant owes the landlord:

• The reasonable value of daily use; and
• Reasonably foreseeable special damages.