There are two main kinds of tenancy. The first is tenancy based on a lease. The second is tenancy-at-will. The rights and responsibilities of both the landlord and the tenant depend partly on the type of tenancy that is created.
Tenancy based on a lease
When a tenant signs a lease with a landlord, the landlord and tenant agree that the tenancy will last for a certain amount of time, usually one year. During that time, the monthly rent will stay the same and the landlord cannot end the tenancy (evict) unless the tenant fails to satisfy the conditions in the lease. On the other hand, the tenant is committed to paying rent for the term of the lease. Usually, the tenant may only end the tenancy before the close of the lease term (i.e., before the year is up) if the landlord agrees to “early termination” of the lease.
A lease is a good option for tenants and landlords seeking stability in a tenancy. Because it is a written agreement between the tenant and the landlord, it should contain all the rules that will apply to the tenancy.
Tenancy-at-will
The other kind of tenancy is called a tenancy-at-will, which means that the tenancy lasts until properly terminated by either party. This is sometimes also referred to as a “month-to-month” tenancy. Sometimes there is no written agreement at all in a tenancy-at-will. But, tenants are often asked to sign a form that says “Rental Agreement” or “Tenancy-at-Will” at the top. This form should include the amount of the rent and basic rules.
A tenancy-at-will does not last for any set amount of time and does not end on a certain date, the way a lease does. In a tenancy-at-will, the tenant pays the agreed-upon rent each month for an indefinite period. Where rent is paid monthly, either the landlord or the tenant can decide to end the