real estate
Tenancy at will
Tenancy at will is a type of rental arrangement where either the landlord or tenant can end the tenancy at any time with proper notice.
It's sometimes called a "month-to-month" tenancy, although that's a bit of a simplification.
- No fixed term or end date. Unlike a traditional lease that might run for 12 months, a tenancy at will continues indefinitely until either party decides to terminate it
- Flexibility. Either party can terminate the arrangement by giving proper notice (the required notice period varies by state, but typically ranges from 30-60 days)
- Same rights and responsibilities. Both parties still maintain all their usual landlord-tenant rights and obligations while the tenancy is in effect
This type of tenancy often arises in two common scenarios. When a fixed-term lease expires and the tenant stays on with the landlord's permission but without signing a new lease. And when there's no written lease agreement, but there's an oral agreement and the tenant pays rent which the landlord accepts.
From a practical standpoint, landlords and tenants should get their agreements in writing, even for tenancies at will. This helps prevent misunderstandings about notice periods, rent amounts, and other terms.