Types of Tenancy

There are various types of rental tenancies, such as a tenant wit ha lease, a tenant at will, and a tenant at sufferance. Landlords have different requirements about leases, lengths of stay, and written versus verbal agreements. Therefore, it's important to understand the different tenancy variations to make sure you know which one you will have if you, for example, move into a new apartment.

A tenant with a Lease

This is the most common type of tenancy, and it occurs when a tenant signs a lease in order to rent an apartment for a specified period of time. Under the restrictions of this tenancy, the landlord cannot increase your rent or evict you until the end of your lease, unless you violate the agreement. As a tenant with a lease, you are under written contract to pay your rent until the lease expires. However, if for some reason you need to move out before the end of the lease, the landlord, in most instances, is obligated to replace you with another tenant.

A tenant at Will

This is someone who rents on a month-by-month basis, rather than for a specified period of time. This tenant can have either a verbal or written agreement. Both the tenant and the landlord have the ability to terminate this arrangement by giving written notice of 30 days, and the tenant does not have to give a reason for deciding to move out. 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.

A tenant at Sufferance

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