Types of Tenancy

The three most common types of tenancy are tenants with a lease, tenants at will and tenants at sufferance. They relate to the different lengths of rental residency, such as a two year lease versus a month by month lease. Some leases have contracts, while others are verbal. It's important to talk to your landlord to see which type of tenant you will be, and make sure that it corresponds with how long you intend to stay in a specific property.

A tenant with a Lease

This is the most common type of tenancy. 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 obligated 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 has no definite length of residency, and therefore rents on a month-by-month basis. A tenant at will can have either a verbal or written agreement. Both you and the landlord have the ability to terminate this arrangement by giving written notice of 30 days, and there is no reason required to end this type of tenancy. 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 when a tenant stays over at the end of a lease. This type of tenancy will end as soon as 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.