Tenancy and Tenant Legal Definitions

The state or situation of a tenant; a tenant’s estate maintained as a tenant at will, a tenancy for years

Tenancy: A tenant’s position or situation; the estate held by a tenant, as a tenant at will, a tenancy for years.

Tenant – A person who owns or occupies land or tenements under any kind of title, whether in fee, for life, for years, or at will.

Tenants may be considered for the estate to which they are entitled. There are several:

Tenants pay a charge

Tenants on the basis of courtesy

Dower tenants

Tenants in the rear. probability of the problem being extinct

Lifetime leases

Tenants for many years

Tenants change from year to year.

Willing Tenants

Suffering tenants

Tenants are classified as follows in terms of their number:

a number of

In common use

Tenants in common

The praecipe’s tenants

Tenant in fee is a person who has inherited an estate in the land. See also Fee.

Tenant by curtesy occurs when a man marries a woman who is seized of an estate of inheritance, that is, of lands and tenements in fee simple or fee tail, and has children who are capable of inheriting her estate. In this situation, upon the death of his wife, he will keep the lands as tenant by the curtesy for life.

Tenant in dower occurs when a woman’s husband is taken of an inherited estate and dies; in this situation, the wife shall get the third part of the lands and tenements of which he was seized at any point during the coverture, to keep to herself for the rest of her natural life.

Tenant in tail after possibility of issue extinct occurs when one is tenant in special tail and a person from whose body the issue was to arise dies without issue or becomes extinct with issue; in these instances, the survivor becomes tenant in tail after possibility of issue extinct.

Tenant for life is the person to whom lands or tenements are given, or to whom he derives a title by operation of law for the duration of his own life, or the life of any other person, or for more than one life. He is referred to as a tenant for life, unless he owns the estate by the life of another, in which case he is referred to as a tenant er autre vie

Tenant for years is one to whom another has leased lands, tenements, and hereditaments for a specified number of years, or for a less specific amount of time, and the lessee enters thereon. A tenant for years has the same estovers as a tenant for life, and they are inseparable from his estate except by specific arrangement. In terms of crops or emblements, the renter for years is often not entitled to them once his tenure expires.

Tenant from year to year is he to whom another has leased lands or tenements without any fixed or defined estate, particularly if a yearly rent is reserved. And, if a person is put into possession as a tenant without any agreement as to time, the inference today is that he is a tenant from year to year, until the opposite is shown; although, of course, such a presumption may be rebutted. The contrast between a renter from year to year and a tenant for years is one of words rather than substance.

Tenant at will is when lands or tenements are rented by one man to another, to have and to bold to him at the will of the lessor, with the lessee in possession by force of the lessor’s will. In this instance, the lessee is referred to as a tenant at will. Every lease at will must be mutually agreed upon by both parties. The landlord may evict such a renter at any moment.

Tenant at suffrance is defined as a person who comes into possession via a legal demise and, once his term expires, retains the possession illegally and holds over.

Tenant in severalty is a person who owns land and tenements in his own right, without being joined or associated with anybody else in any way throughout his estate therein

Tenants in common are those who own various and different titles yet share a common possession. Tenants in common may hold title to real or physical property as tenants in common; they can be tenants of a home, land, a horse, a ship, and so on. Tenants in common are required to account to one another; however, they are only required to account for the worth of the property as it was when they arrived, not for any improvements or work they performed at their own cost.

Tenants to the praecipe are those who are the tenants or seized of the freehold against whom the writ of praecipe is instituted in suing out a common recovery.