1. Tenancy for Years – grants tenancy for a fixed period (typically months or years) and thus has certain begin and end dates.
1.1. This is the common law “Term of Years.” E.g., “To A for 3 months.”
1.2. Duration
1.2.1. It grants the tenant the possession of premises for a set period of time – almost any set period of time (not just years).
1.2.2. Setting the Term
1.2.2.1. The ToY is characterized by its fixed duration.
1.2.2.2. There must be a specific start and end date.
1.2.2.3. If no beginning date is specified, it may be inferred to be the date of execution or delivery of the lease.
1.2.3. Depending on its duration, it might be subject to the Statute of Frauds.
1.3. Termination
1.3.1. Also note that because the term is set, no further notice of its termination is required.
1.3.1.1. For example, “for one year, beginning on December 1.”
2. Periodic Tenancy – grants tenancy for a certain period that repeats until terminated (by notice).
2.1. Duration
2.1.1. This is a tenancy for a repeating period – as opposed to a ToY, which is a tenancy for one period. The period can be weekly, monthly, annually, or any fixed duration.
2.1.2. Provisions for payment of regular rent can set the interval for a Periodic tenancy
2.2. Violations of the Statute of Frauds can create a periodic Tenancy
2.3. Termination
2.3.1. Notice to Terminate Periodic Tenancies
2.3.1.1. At common law, notice for an annual lease had to be given within 6 months of the termination date.
2.3.1.1.1. For shorter leases, notice was usually for one full period, but could not terminate earlier than at the end of a full period (eg, if a lease started on January 1, notice given March 15 would terminate as of April 30).
2.3.1.2. Modern statues often alter these requirements, requiring 30 days’ notice. If timely notice is not given, the period generally repeats.
3. Tenancy at Will – no set period; continues until one party terminates (or is terminated).
3.1. Duration
3.1.1. This is a tenancy of no definite period. It last as long as the parties want.
3.2. Termination
3.2.1. normally terminates with the death of a party or after one party gives the other reasonable notice.
3.2.2. Landowner’s conveyance of the property also can terminate a Tenancy at Will
3.2.3. Reasonable notice is usually a rent-payment period.
3.3. Rules: 1. Common law said needed livery of seisin to create LE, if no livery, no LE; therefore, this had to be a TaW, and those can be terminated by either party.
3.3.1. Restatement rule is that LE can have determinable estate without livery.
3.3.1.1. Ruling: Livery of seisin is anachronistic, so is its restrictive rule in this case. Language of lease clearly gave only T right to terminate, so he has an LE.
4. Tenancy at sufferance – created when tenant overstays (“holds over”) at the end of a tenancy.
4.1. Duration
4.1.1. This is the tenancy created when the Tenant “holds over” – ie, over or beyond the term of a lease.
4.1.2. When a tenant holds over, L can either evict or ratify that action – ie, create a new tenancy.
4.1.3. In most jurisdictions the holdover tenancy is a periodic tenancy. In some, the new tenancy is a ToY.
4.1.3.1. In either event, there is also disagreement about setting the period or term.
4.2. Holdover Tenancy Term/Period
4.2.1. Some states say a renewal upon holdover is equal in length to the original term or period, with a one-year maximum.
4.2.2. Others say it is based on the way rent was computed in the original lease (typically monthly), again limited to a one-year max.
4.2.3. Many states legislate the term of holdover tenancies, some making them a ToY or TaW and some providing for doubling the original rental rate.