tenancy

Tenancy is a legal relationship in which a tenant has the right to exclusive possession of land or property for a period of time in exchange for rent, under an agreement with a landlord. It can cover residential or commercial premises and is distinct from a license, which may permit occupancy without exclusive possession. A tenancy creates rights and obligations for both parties and is governed by contract law and applicable statutes, which vary by jurisdiction.

Creation and forms: Tenancies are typically created by a written lease or tenancy agreement, though in some jurisdictions an oral agreement may be enforceable for a defined term. Key terms include the rent amount, payment schedule, duration, permitted use, and conditions for renewal or termination. Common residential forms include fixed-term tenancies and periodic (for example month-to-month) tenancies. Tenancy at will and tenancy at sufferance are less common categories. Ownership forms such as joint tenancy and tenancy in common relate to holding title to the property, not to the tenancy of occupancy.

Rights and duties: Tenants generally have the right to exclusive possession, quiet enjoyment, and a habitable dwelling, subject to lawful use. They must pay rent, comply with terms of the agreement, and maintain the property in reasonable condition. Landlords must provide safe and habitable premises, comply with health and safety laws, make necessary repairs, and respect the tenant’s right to privacy. Laws may regulate security deposits, rent increases, and notice periods.

Termination: A tenancy ends on its term, by breach, or by proper notice in periodic tenancies. Eviction is typically governed by statute and may require a court or tribunal order. Protections for tenants vary by jurisdiction, but generally require due process and lawful grounds for termination.