Tenancy-At-Will

calender iconUpdated on May 06, 2023
real estate
savings/wealth management

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Tenancy at Will

A tenancy at will is a type of tenancy that gives the landlord the right to terminate the lease at any time, for any reason. The tenant has no right to a notice of termination.

Key Features of Tenancy at Will:

  • No notice required: The landlord can terminate the lease at any time, with or without notice.
  • At-will occupancy: The tenant can occupy the property at the landlord’s discretion.
  • No fixed term: The tenancy does not have a fixed term, and can be terminated by either party at any time.
  • Month-to-month: Tenancies at will are typically month-to-month, but can be for any term as agreed upon by the parties.
  • No security deposit: Generally, tenants are not required to provide a security deposit.

Advantages for Landlords:

  • Flexibility to terminate the lease if needed.
  • No obligation to provide notice of termination.
  • Can quickly evict tenants who are causing problems.

Disadvantages for Landlords:

  • Can be difficult to find tenants if there is a high turnover.
  • Can lead to vacancy costs and lost rental income.

Advantages for Tenants:

  • Freedom to move without notice.
  • No security deposit required.

Disadvantages for Tenants:

  • Lack of stability and security of tenure.
  • Can be terminated at any time, even if the tenant is paying on time and following the rules.

Examples:

  • Month-to-month rentals
  • Short-term leases
  • Tenant-occupied property that is being sold

Note:

Tenancy at will is a common law concept and may vary slightly by jurisdiction. It is important to consult with local laws and regulations for a more comprehensive understanding.

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