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Real Property • Landlord-Tenant
PROP#061
Legal Definition
A tenancy for years is one that lasts for a fixed period of time, and ends automatically upon the termination date. The landlord may reserve a right of entry and terminate the lease if the tenant breaches any covenants or fails to pay rent. A tenancy for years can also by terminated if the tenant surrenders and the landlord accepts.
Plain English Explanation
Don't let the name fool you. A tenancy for years is any type of tenancy agreement that lasts for a defined, fixed period of time and automatically terminates. For example, if you lease a building for 6 months, you have a "tenancy for years". Even if you have a lease for 6 days, it is still a "tenancy for years" under the law as long as the agreement specifies the length of time and it automatically terminates.
Hypothetical
Hypo 1: Amy rented an apartment from Bob for $1,500 per month. Amy signs a 6 month lease that explicitly states she must move out by the end of 6 months. Result: Amy has a tenancy for years
Hypo 2: Amy rented an apartment from Bob for $1,500 per month. Amy signs a 6 month lease that allows her to stay on as a month-to-month tenant. Result: Amy has a tenancy for years that will turn into a periodic tenancy if she chooses to stay beyond 6 months.
Hypo 3: Same facts as Hypo 2, except after 7.5 months Amy decides she no longer wants to live there and tells Bob she wants to immediately terminate her lease. Result: Amy has a periodic tenancy and is month to month. Generally, periodic tenancies require 1 period of notice to terminate. Here, that period would be 1 month. In other words, Amy must give Bob 30 days of notice that she intends to terminate her lease.
Hypo 2: Amy rented an apartment from Bob for $1,500 per month. Amy signs a 6 month lease that allows her to stay on as a month-to-month tenant. Result: Amy has a tenancy for years that will turn into a periodic tenancy if she chooses to stay beyond 6 months.
Hypo 3: Same facts as Hypo 2, except after 7.5 months Amy decides she no longer wants to live there and tells Bob she wants to immediately terminate her lease. Result: Amy has a periodic tenancy and is month to month. Generally, periodic tenancies require 1 period of notice to terminate. Here, that period would be 1 month. In other words, Amy must give Bob 30 days of notice that she intends to terminate her lease.
Visual Aids
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