Also known as: tenancy at will · tenancy-at-will · tenancies-at-will
Written by attorneys · grounded in primary & secondary sources — see below
A leasehold estate that continues only so long as both the landlord and the tenant desire it to continue. The estate ends upon notice from either party or upon the death of either party. An attempt by either party to assign the interest also terminates the tenancy.
Travis Tate and Triumph Manufacturing exchanged emails agreeing to a two-year lease of warehouse space but never signed a writing. Travis took possession and began storing equipment. No rent was ever paid or demanded. When Triumph later demanded that Travis vacate within a week, the arrangement operated as a tenancy at will terminable by either party upon notice.
Tessa Takahashi signed a printed lease form allowing her to end the tenancy of a house at any time she chose but giving the landlord no equivalent right. After the landlord sold the property, the new owner sought to evict Tessa. The court held the arrangement was not a tenancy at will because the termination power rested with only one party, creating instead a determinable estate.
Select any source to read its text and confirm it supports the definition.
Either party may end the tenancy by giving notice to the other. The tenancy ends on the day the notice is received unless the notice specifies a later date. Rent is apportioned to the termination date.
The attempted assignment terminates the tenancy on the date the other party learns of it unless the assignee and the other party agree otherwise. A new tenancy at will may then be created by agreement.
Yes. The death of either the landlord or the tenant ends the tenancy on the date the survivor learns of the death unless the successor in interest and the remaining party agree to continue the arrangement.
When the parties enter an oral lease that violates the Statute of Frauds and the tenant takes possession without paying rent, a tenancy at will is created. If rent is later paid and accepted, a periodic tenancy may instead arise.
…the agreement at a date of his choice creates a determinable life tenancy on behalf of the tenant or merely establishes a tenancy at will. The courts below held that the lease created a tenancy at will permitting the current landlord to evict the tenant. We granted the tenant’s motion for leave to appeal and now reverse the…