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Real Property • Landlord-Tenant
PROP#063
Legal Definition
A tenancy at will is one that is terminable at the will of either party, and is generally created by express agreement that states the lease can be terminated at any time. If such an agreement does not exist, a periodic tenancy results.
If only the landlord is given the right to terminate, the right will be implied in the tenant.
However, if only the tenant is given the right, no similar right will be implied in favor of the landlord.
A tenancy at will is terminated by giving notice and a reasonable time to quit, or by operation of law.
If only the landlord is given the right to terminate, the right will be implied in the tenant.
However, if only the tenant is given the right, no similar right will be implied in favor of the landlord.
A tenancy at will is terminated by giving notice and a reasonable time to quit, or by operation of law.
Plain English Explanation
A tenancy for years and periodic tenancy both create pre-defined durations of time that the landlord and tenant are locked into a relationship. In contrast, a tenancy at will has no defined duration. It exists for as long as the parties want it to exist. For this to work, though, the agreement must expressly describe it as being at will, otherwise the default assumption is that it is a month-to-month periodic tenancy.
Let's break it down a bit more:
If a lease says nothing about either party having the right to terminate at will, then it will be presumed that the lease is a month-to-month periodic tenancy.
If a lease only expressly gives the landlord the right to terminate at will, the law will assume that the tenant also has a right to terminate at will.
If a lease only expressly gives the tenant the right to terminate at will, then only the tenant has the right. In fact, it acts sort of like a life estate.
Ways to terminate a tenancy at will:
(1) When the party who has the right to terminate at will gives notice and reasonable time to leave to the other party.
(2) When either party dies.
(3) If the tenant either commits waste or attempts to assign their interest to someone else.
(4) If the landlord transfers their interest or executes a new lease with a different person for the same land.
Let's break it down a bit more:
If a lease says nothing about either party having the right to terminate at will, then it will be presumed that the lease is a month-to-month periodic tenancy.
If a lease only expressly gives the landlord the right to terminate at will, the law will assume that the tenant also has a right to terminate at will.
If a lease only expressly gives the tenant the right to terminate at will, then only the tenant has the right. In fact, it acts sort of like a life estate.
Ways to terminate a tenancy at will:
(1) When the party who has the right to terminate at will gives notice and reasonable time to leave to the other party.
(2) When either party dies.
(3) If the tenant either commits waste or attempts to assign their interest to someone else.
(4) If the landlord transfers their interest or executes a new lease with a different person for the same land.
Visual Aids
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