A distinction may be made between a residential tenancy, offering a person a place to live, and a
business tenancy, where premises are occupied for business purposes. There may be different statutory provisions for residential and business tenancies, for example in the UK's
Landlord and Tenant Act 1954, Part I (now largely superseded) dealt with residential tenancies and Part II dealt with business tenancies.
Fixed-term tenancy or tenancy for years A "fixed-term tenancy" or
tenancy for years lasts for some fixed period of time. Despite the name, such a tenancy can last for any period of timeeven a tenancy for one week would be called a tenancy for years. In common law, the duration did not need to be certain, but could be conditioned upon the happening of some event (e.g. "until the crops are ready for harvest", "until the war is over"). This is now disfavored, and some jurisdictions have made fixed durations a requirement.
Termination or expiration The tenancy will end automatically when the fixed term runs out or in the case of a tenancy that ends on the happening of an event when the event occurs. It is also possible for a tenant to give up the tenancy to the landlord, either expressly or implicitly. This process is known as a surrender of the lease. A tenancy may end when and if the tenant accepts a buyout agreement from their landlord. The landlord can offer to repurchase the property from their tenant as long as both parties agree upon the price (as with any other
consideration, this need neither be market-rate, nor indeed monetary at all). Depending on the laws in force in a particular jurisdiction, different circumstances may legally arise where a tenant remains in possession of property after the expiration of a lease.
Periodic tenancy A
periodic tenancy, also known as a
tenancy from year to year,
month to month, or
week to week, is an estate that exists for some period of time determined by the term of the payment of rent. An oral lease for a tenancy of years that violates the
statute of frauds (by committing to a lease of more than—depending on the jurisdiction—one year without being in writing) may create a periodic tenancy, the construed term being dependent on the laws of the jurisdiction where the leased premises are located. In many jurisdictions the "default" tenancy, where the parties have not explicitly specified a different arrangement, and where none is presumed under local or business custom, is the month-to-month tenancy.
Tenancy at will A
tenancy at will or
estate at will is a leasehold such that either the landlord or the tenant may terminate the tenancy at any time by giving reasonable notice. It usually occurs in the absence of a
lease, or where the tenancy is not for
consideration. Under the modern common law, tenancy at will can arise under the following circumstances: • the parties expressly agree that the tenancy is at will and not for rent. • a family member is allowed to live at home without formal arrangement. A nominal consideration may be required. • a tenant wishes to occupy the property urgently, but there was insufficient time to negotiate and execute a lease. The tenancy at will terminates in this case as soon as a written lease is completed. The tenant must vacate the property if a lease fails to be realized. In a residential lease for consideration, a tenant may not be removed except for
cause, even in the absence of a written lease. If a landlord can terminate the tenancy at will, a tenant by
operation of law is also granted a reciprocal right to terminate at will. However, a lease that expressly continues at the will of the tenant ("for as long as the tenant desires to live on this land") does not automatically provide the landlord with a reciprocal right to terminate, even for cause. Rather, such language may be construed to convey to the tenant a
life estate or even a
fee simple. A tenancy at will terminates by
operation of law, if: • the tenant commits
waste against the property; • the tenant attempts to
assign his tenancy; • the landlord transfers his interest in the property; • the landlord leases the property to another person; • the tenant or the landlord dies.
Tenancy at sufferance A
tenancy at sufferance (sometimes called a
holdover tenancy) is created when a tenant wrongfully holds over past the end of the duration period of the tenancy (for example, a tenant who stays past the expiration of his or her lease). In this case, the landlord can hold over the tenant to a new tenancy, and collect rent for the period the tenant has held over. A tenancy at sufferance may exist when a tenant remains in possession of property even after the end of the lease, until the landlord acts to eject the tenant. The occupant may legally be a
trespasser at this point, and the possession of this type may not be a true estate in land, even if authorities recognize the condition to hold the tenant liable for rent. The landlord may be able to
evict such a tenant at any time without notice. Action to evict will terminate a tenancy at sufferance, because the tenant no longer enjoys possession. Some jurisdictions impose an irrevocable election whereby the landlord treats the holdover as either a trespasser, or as a tenant at sufferance. A trespasser is not in possession; but a tenant at sufferance continues to enjoy possession of the real property. The landlord may also be able to impose a new lease on the holdover tenant. For a residential tenancy, such new tenancy lasts month to month. For a commercial tenancy of more than a year, the new tenancy is year to year; otherwise, the tenancy lasts for the same length of time as the duration under the original lease. In either case, the landlord can charge a higher rent, if the landlord, before the expiration of the original lease, has notified the tenant of the increase. Simply leaving property behind on the premises does not constitute possession; thus, a tenancy at sufferance cannot be established. E.g.,
Nathan Lane Assocs. v. Merchants Wholesale, 698 N.W.2d 136 (Iowa 2005);
Brown v. Music, Inc., 359 P.2d 295 (Alaska 1961).
Continuation tenancy In some jurisdictions, the tenant has a legal right to remain in occupation of the premises after the end of a lease unless the landlord complies with a formal process to dispossess the tenant of the property. For example, in
England and Wales, a business tenant has a right to continue occupying their
demise after the end of their lease under the provisions of sections 24–28 of the
Landlord and Tenant Act 1954 (unless these provisions were formally excluded by agreement before the lease was completed). At the end of their lease they need do nothing but continue payment of rent at the previous level and uphold all other relevant
covenants such as to keep the building in good repair. They cannot be evicted unless the landlord serves a formal notice to end the tenancy and successfully opposes the grant of the new lease to which the tenant has an automatic right. Even this can only be done under prescribed circumstances, for example the landlord's desire to occupy the premises himself or to demolish and redevelop the building. ==Contemporary practice==