A complete tenancy occurs when an individual possesses a property under a lease or ownership agreement, either for a specific or indefinite period. This differs from joint tenancy, where multiple individuals have equal ownership and a right of survivorship. A tenancy at will occurs when a tenant possesses a property with the landlord’s consent but without fixed terms. A periodic tenancy automatically continues for successive periods unless terminated by notice. A tenancy in common occurs when multiple individuals have ownership but no right of survivorship.
Tenancy refers to the possession or occupancy of land or property through a lease or conveying instrument like a deed or will. It can also pertain to the duration of such possession or occupancy. One example is periodic tenancy, where a tenant rents an apartment on a month-to-month basis. The lease automatically renews each month unless either party gives proper notice to terminate. Another example is tenancy in common, where two siblings inherit a house from their parents and each owns a 50% undivided interest in the property. They have equal rights to possess the entire property but no right of survivorship. Tenancy at will is another type, where a landlord allows a friend to stay in their spare room without a formal lease or fixed terms. This tenancy can be terminated by either party at any time with fair notice. These examples demonstrate various types of tenancy arrangements and their characteristics, including fixed duration, joint ownership, and termination rights.
No, a landlord must provide reasonable notice before entering a rental property, except in cases of emergency.
In most cases, a landlord cannot evict a tenant without a valid reason, such as non-payment of rent or violation of the lease agreement.
In most cases, a landlord can only raise the rent at the end of a lease term or with proper notice as required by local laws.
A landlord can only withhold a security deposit for specific reasons outlined in the lease agreement, such as damage to the property or unpaid rent.
A landlord is generally required to maintain the rental property in a habitable condition and make necessary repairs as needed.
Whether a tenant can sublet the rental property depends on the terms of the lease agreement and local laws.
In most cases, a tenant can only break a lease early without penalty if there is a valid reason, such as a job relocation or unsafe living conditions.
A tenant may be able to withhold rent for maintenance issues if the landlord has failed to make necessary repairs after being notified in writing.
No, landlords are prohibited from discriminating against potential tenants based on factors such as race, religion, or disability.
Eviction laws and moratoriums vary by location, but in many cases, there are restrictions on evicting tenants during the COVID-19 pandemic.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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