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tenancy

tenancy definition - legal

The occupancy or possession of land under the terms of a lease; an interest in real estate by virtue of a leasehold.
The period of such occupancy or possession.
Tenancy in general is any right to hold property, but in a more limited sense it is holding that property in subordination to someone elseÂ’s title, as in a landlord-tenant relationship. The many types of tenancy include the following:

cotenancy

An occupancy or possession held by two or more persons who have unity of possession. See also unities.

holdover tenancy

See tenancy at sufference.

joint tenancy

A tenancy with two or more tenants having identical interests and who take over simultaneously by the same instrument and having the same right of possession, along with the right of survivorship to the share of the other. In some states, that must be expressly conveyed. See also unities.

periodic tenancy

A tenancy that automatically continues for repeated consecutive periods of time, be it month to month or year to year, unless notice of termination is given at the end of a period. This is typified in a metropolitan apartment buildingÂ’s lease.

tenancy at sufference (holdover tenancy)

This tenancy arises when one who had lawful possession of property remains wrongfully and continues to occupy that property after her legal term has expired. This usually takes the form of a periodic tenancy or a tenancy at will. See also holdover.

tenancy at will

A tenancy where no formal terms for rent or duration exist, but the person holds possession with the landlordÂ’s consent. This type of tenancy may be terminated by either tenant or landlord upon fair notice being given.

tenancy by the entirety

The joint ownership of property by husband and wife when a single instrument conveys the property to both; an indivisible interest in real property held by a married couple.