Tenant Agreements
- A fixed-term tenancy forces the agreement to stay in effect for a specific length of time as agreed by both parties.calendar image by Christopher Hall from Fotolia.com
A fixed-term tenancy entails a specified length of time that the agreement is in effect. A fixed-tenancy commits the tenant to rent for a specific time period unless the tenant is evicted or both the tenant and the landlord agree to terminate the lease, also known as a "surrender of tenancy." - Periodic tenancy provides more freedom to both the landlord and the tenant.l"agenda image by Thierry Hoarau from Fotolia.com
A period tenancy differs from a fixed-term tenancy in that a periodic tenancy agreement doesn't state a start or end date of the agreement. This usually means a tenant agrees to pay rent on a week-to-week or month-to-month basis. Also, a periodic tenancy usually requires the tenant or landlord to provide notice of termination only 30 days before the lease ends, whereas a year lease may require the landlord or tenant to give six months notice. - Tenancy at will is beneficial for persons looking for temporary housing.business man shaking hands in agreement image by Jorge Casais from Fotolia.com
A tenancy at will is a tenant agreement for a period of less than one year that is verbally executed. Meaning an enforceable, legally binding agreement is created without written documentation. Tenancy at will is only enforceable if the tenant agreement is for less than one year as governed under the Statute of Frauds. According to Statute of Frauds, if the lease agreement is for a period of one year or longer, it must be written on paper and signed by both parties. However, if the lease agreement is for less than one year, which tenancy at wills are always for less than one year, the lease agreement can be verbal. In some situations an informal written agreement will be provided with necessary terms of the agreement such as rent or utilities. - A tenancy at sufferance can cause problems for landlords.Luxury hotel room image by Andrejs Pidjass from Fotolia.com
A tenancy at sufferance occurs when a tenant who previously had a lease stays past his rental term. If this occurs, the tenant is still required to pay rent even though the lease has ended until the matter has been resolved. This means the landlord can obtain legal authority by the court to physically evict the tenant. In some states the landlord is not allowed to change the locks or interrupt the use of utilities to the particular unit. In other states, the landlord is allowed to use "self-help" to remove the tenant from the unit by changing the locks or turning off the utilities. If the landlord agrees the tenant can stay, he will draw up a new lease for the tenant to sign and the tenancy at sufferance will end. - It is important for a landlord to know which legal actions he may take to end a tenancy at sufferance.washington state image by Dawngo from Fotolia.com
If a landlord experiences a tenancy at sufferance he has certain legal rights depending on the state he resides in. The landlord must research whether or not he has the right to "self-help." One way to tell the difference between a trespasser and a tenancy at sufferance is whether or not the landlord has accepted payment from the tenant after the lease has ended. If this occurs, the landlord still has legal actions he may take to remove the tenant from the unit. However, the legal actions are determined by the tenant laws of the state.
Fixed-Term Tenancy
Periodic Tenancy
Tenancy at Will
Tenancy at Sufferance
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