Hello Reader, this time Tabir Hukum will discuss about the periodic tenancy and the tenancy at will.
THE PERIODIC TENANCY
The periodic tenancy is also called a tenancy from year-to-year, month-to-month, or week-to-week, as the case may be. These names suggest the way in which this leasehold differs from the fixed term. The time units that define the tenancy - weeks, months, or years - are but portions of the entire tenancy; the tenancy renews automatically at the end of each period unless the landlord or tenant gives timely notice of non-renewal. Under the provisions of some leases, and some residential tenancies legislation, fixed term tenancies are converted to periodic tenancies on expiration of the fixed term.
At common law, the notice required to terminate a periodic tenancy is the length of the tenancy period, but the lease itself may provide for a different notice provision. The date on which notice, to be effective, must be communicated will depend on the tenancy period; missing the deadline by even an hour could result in being obliged to pay rent for a full period beyond what one wished. For residential tenancies, most of the Canadian jurisdictions have enacted legislation defining notice periods and providing tenants with some security of tenure. Under the relevant legislation, landlords may have to give more notice than do tenants, or the notice period may differ depending on the reason for terminating the tenancy.
THE TENANCY AT WILL
A tenancy at will has no set period and continues at the will of both landlord and tenant; either may terminate it by notice. Tenancies at will may be created if the vendor of a property permits the purchaser to move in prior to closing, or if a landlord permits a prospective tenant to move in, leaving the terms to be arranged later. The tenancy may be terminated expressly, by either party so informing the other, or involuntarily when either party dies or even when the landlord sells the reversion to a third party. In addition, statutes of limitations in most jurisdictions provide that a tenancy at will terminates automatically at the end of one year. Because of this provision, if a person comes into possession of land with the permission of the owner, possession beyond one year without a renewal of the permission may form the basis for a claim in adverse possession. In most jurisdictions, accepting rent for fixed periods - by the month, for example - will convert the tenancy at will into a periodic tenancy, requiring notice for termination.
Umpteen posts of tabir hukum about the periodic tenancy and the tenancy at will, hopefully the writing of tabir hukum about the periodic tenancy and the tenancy at will can be beneficial.
Books : In Writing Tabir Hukum :
Alan M. Sinclair and Margaret E. McCallum, 2005. An Introduction to Real Property Law (Fifth Edition). LexisNexis : Canada.
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| Figure Property Law : Leasehold Estates - The Periodic Tenancy and The Tenancy at Will |
