Tisha is a licensed real estate agent in Texas. She holds bachelor's in legal studies and a master's degree in criminal justice.
Two Types of Tenancy
Unless someone owns their own home, they probably rent or lease it. It's important to understand what one is getting into when he or she moves into real property that is owned by another person. A relationship is created between the person moving in, who is known as the tenant, and the person who owns the real property, known as the landlord. Each has rights, and the type of tenancy the tenant is enjoying can determine some of those rights.
The term periodic tenancy may lead one to think of a tenant that can come and go as he or she pleases, without having to stay in one place for a particular length of time. If this were the case, a landlord might have trouble paying bills if he only collects rent when the tenant decides to live at the property. However, periodic tenancy is something completely different.
In a periodic tenancy, the tenant lives at a property for successive periods until he or she decides to move out. The tenant agrees to pay the landlord at certain intervals detailed in a lease. Finally, the tenant has to give notice that is either equal to the length of time the tenant stayed at the property or a length of time the tenant and the landlord agree to.
Tenancy at Will
A tenancy at will allows a tenant to live at a property without a formal agreement between the tenant and landlord. Both the tenant and the landlord have the right to terminate the agreement at any time, and there is no contract or lease between them. While this may seem like a sweet deal for both parties, it's important to remember that one person can terminate the agreement at any time, even when it might not be a good time for the other party.
Tenancy at will is flexible and ideal for people that want to enjoy that flexibility. Perhaps a tenant wants to give a particular neighborhood a try and realizes within a week that there is too much noise or crime in the area. Or, a landlord may decide that he or she doesn't like the arrangement because the tenant always has people at the house late at night ,and the neighbors are complaining.
Periodic tenancy occurs when someone leases a property on a month-to-month or week-to-week basis. It can also occur when a person has a lease for a specific time frame, and once that time has expired, the tenant decides not to renew the lease but continues to live at the property. The periodic tenancy may be agreed to in the lease, or the landlord simply collecting rent and allowing the tenant to stay after the lease expires will imply the landlord's agreement to periodic tenancy.
Tenancy at will occurs when someone moves into real property without a lease. It can also occur in situations where an individual moves into another person's home as a roommate. There isn't anything in writing that says the tenant can live at the property, but the tenant and landlord have agreed to it. Nothing formal states how much the tenant pays or how long they can stay there. Either person can terminate the agreement at any time. Perhaps a businessman finds himself in a situation where he's trying to start a new branch of a company in a new town. A tenancy at will would be ideal for him because he won't have to stay in the town for long.
One big, glaring difference between periodic tenancy and tenancy at will is that periodic tenancy includes something in writing while tenancy at will does not. The second big difference is that periodic tenancy requires notice that is either equal to the length of the tenancy or agreed otherwise, while tenancy at will does not have this requirement. With tenancy at will, either party can terminate the arrangement at any time. Periodic tenancy is more structured, while tenancy at will is not.
Periodic tenancy and tenancy at will are two different types of tenancy. In a periodic tenancy, the tenant lives at a property for successive periods until he or she decides to move out. A tenancy at will allows a tenant to live at a property without a formal agreement between the tenant and landlord. Each has its positive characteristics and can serve the individual needs of tenants. Those desiring structure may choose periodic tenancy while those needing the flexibility to move any time they want may choose tenancy at will.
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