tenancy (estate) at will – the tenant holds possession with the landlord’s consent but without fixed terms; may be terminated by either party upon fair notice

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tenancy at will:
(17c)

1. A tenancy in which the tenant holds possession with the landlord’s consent but without fixed terms (as for duration or rent); specifically, a tenancy that is terminable at the will of either the transferor or the transferee and that has no designated period of duration.  *  Such a tenancy may be terminated by either party upon fair notice. — aka at-will tenancy; estate at will. [1]

1. A tenancy to continue for so long  as continuation is in accord with the wishes and desires of both parties.  An estate which confers a right to the possession of the premises demised for an indefinite period fo time, its duration and ultimate termination depending upon the joint wills of the parties, either being able to effect a termination without incurring liability to the other. 32 AmJ1st L & T § 66.

According to some authorities, the tenancy which arises where a lessee holds over the term of his lease with the express or implied consent fo the landlord. 32 Am J1st L & T § 939. [2]

1. A tenancy that continues only as lon as both parties wish itt to, i.e., “at the will of” the parties.  The duration of such tenancy is uncertain and indefinite.  See at will; will.  Compare tenancy at sufferance. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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