Types of Tenancies Flashcards
Five Types of Leaseholds
(1) Tenancy for Years
(2) Tenancy from Month-to-Month
(3) Tenancy from Year-to-Year
(4) Tenancy At Will
(5) Tenancy at Sufferance
Tenancy for Years: Term
Measured by a FIXED AND ASCERTAINABLE amount of time
Tenancy for Years: Creation
Requires EXPRESS AGREEMENT
Tenancy for Years: Termination
Terminates AUTOMATICALLY at end of term
Termination prior to expiration of term requires:
(1) Tenant SURRENDERS LEASE; or
(2) Tenant or landlord commits MATERIAL BREACH OF LEASE
Tenancy From Month to Month: Term
Successive for MONTHLY PERIODS
Tenancy From Month to Month: Creation
Can be created EXPRESSLY or by IMPLICATION
Tenancy From Month to Month: Termination
Renews until PROPER NOTICE is given
If notice given before end of the period, leasehold terminates at end of FOLLOWING PERIOD
Tenancy At Will: Term
No definite expiration point
Tenancy At Will: Creation
Requires EXPRESS AGREEMENT
Tenancy At Will: Termination
Requires ONE MONTH’S NOTICE
Can also be terminated by DEATH OF EITHER PARTY
Tenancy From Year to Year: Term
Continues for successive YEARLY PERIODS u
Tenancy From Year to Year: Creation
Can be created EXPRESSLY or by IMPLICATION
Tenancy From Year to Year: Termination
Requires notice be given 3 MONTHS before year is up
Tenancy at Sufferance: Term
No definite expiration date
Tenancy at Sufferance: Creation
Tenant holds over after lease has ended
