Landlord-Tenant Law (Types of Tenancies)

Landlord-tenant law recognizes four types of leasehold estates, each with distinct characteristics regarding duration, termination, and the rights of the parties. A tenancy for years (also called a term of years) has a definite beginning and ending date and terminates automatically without notice at the end of the term. Despite its name, it can be for any fixed period -- a week, a month, or multiple years.

A periodic tenancy is a recurring estate that automatically renews at the end of each period (month-to-month, year-to-year, etc.) unless either party gives proper notice of termination. At common law, the notice period for a periodic tenancy equals the length of the period, up to a maximum of six months for a year-to-year tenancy. Many modern statutes modify these notice requirements. A periodic tenancy can be created expressly, by implication (such as when a tenant pays rent on a regular basis without a lease), or by operation of law (such as when a holdover tenant's rent is accepted).

A tenancy at will has no fixed duration and can be terminated by either party at any time, though most jurisdictions now require some reasonable notice. A tenancy at sufferance arises when a tenant wrongfully remains in possession after the lease has expired (a holdover tenant). The landlord has two options: treat the holdover as a trespasser and pursue eviction, or elect to bind the holdover to a new periodic tenancy (typically on the same terms as the expired lease). Once the landlord makes this election, it is generally binding on both parties.