---
title: "Landlord-Tenant Law (Types of Tenancies)"
type: Legal Rule
source: https://casebriefly.com/legal-rules/landlord-tenant-law-types-of-tenancies
---

# Landlord-Tenant Law (Types of Tenancies)

The four types of landlord-tenant estates: tenancy for years (fixed term), periodic tenancy (auto-renewing), tenancy at will (terminable at any time), and tenancy at sufferance (holdover tenant).

## Definition

Landlord-tenant law recognizes four types of leasehold estates, each with distinct characteristics regarding duration, termination, and the rights of the parties. A tenancy for years (also called a term of years) has a definite beginning and ending date and terminates automatically without notice at the end of the term. Despite its name, it can be for any fixed period -- a week, a month, or multiple years.

A periodic tenancy is a recurring estate that automatically renews at the end of each period (month-to-month, year-to-year, etc.) unless either party gives proper notice of termination. At common law, the notice period for a periodic tenancy equals the length of the period, up to a maximum of six months for a year-to-year tenancy. Many modern statutes modify these notice requirements. A periodic tenancy can be created expressly, by implication (such as when a tenant pays rent on a regular basis without a lease), or by operation of law (such as when a holdover tenant's rent is accepted).

A tenancy at will has no fixed duration and can be terminated by either party at any time, though most jurisdictions now require some reasonable notice. A tenancy at sufferance arises when a tenant wrongfully remains in possession after the lease has expired (a holdover tenant). The landlord has two options: treat the holdover as a trespasser and pursue eviction, or elect to bind the holdover to a new periodic tenancy (typically on the same terms as the expired lease). Once the landlord makes this election, it is generally binding on both parties.

## Elements

- Tenancy for years: fixed term with definite start and end dates; no notice required to terminate
- Periodic tenancy: auto-renewing; requires proper notice to terminate (typically equal to the period, up to 6 months)
- Tenancy at will: no fixed term; terminable by either party at any time with reasonable notice
- Tenancy at sufferance: holdover tenant wrongfully in possession; landlord may evict or create a new periodic tenancy
- All tenancies require a landlord-tenant relationship (privity of estate and/or privity of contract)

## Key Case

Garner v. Gerrish, 63 N.Y.2d 575 (1984)

## Landmark Cases

| Name | Citation | Significance |
| --- | --- | --- |
| Garner v. Gerrish | 63 N.Y.2d 575 (1984) | Held that a lease granting the tenant the right to terminate at will, but not the landlord, created a valid life tenancy (or determinable life estate) rather than a tenancy at will, because the traditional rule that a tenancy at will must be terminable by both parties is no longer rigidly applied. |
| Crechale & Polles, Inc. v. Smith | 295 So. 2d 275 (Miss. 1974) | Addressed the landlord's election when a tenant holds over, establishing that the landlord must make a clear and unequivocal choice between eviction and renewal. |
| Javins v. First National Realty Corp. | 428 F.2d 1071 (D.C. Cir. 1970) | While primarily about the implied warranty of habitability, this case reshaped the understanding of the landlord-tenant relationship from a property-based to a contract-based framework. |

## Exam Tips

- Classify the tenancy type before analyzing any other issue -- the type determines notice requirements, termination rules, and holdover consequences.
- For periodic tenancies, know the common-law notice rule: notice must equal one full period, up to a maximum of six months for a year-to-year tenancy.
- When a tenant holds over, ask whether the landlord has elected to treat the tenant as a trespasser or as a new periodic tenant. The landlord's acceptance of rent after expiration typically creates a new periodic tenancy.

## Common Mistakes

- Calling every lease a 'tenancy for years' -- a tenancy for years requires a fixed end date. A month-to-month arrangement is a periodic tenancy, not a tenancy for years.
- Assuming a holdover tenant has a right to remain -- a tenancy at sufferance gives the tenant no rights; it merely describes the tenant's status while the landlord decides what to do.

## Mnemonic Or Memory Aid

Four tenancies in order of certainty: Years (fixed), Periodic (auto-renew), Will (either party ends it), Sufferance (wrongful holdover). YPWS.

## Related Rules

- implied-warranty-of-habitability
- constructive-eviction
- joint-tenancy-vs-tenancy-in-common

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Source: [Landlord-Tenant Law (Types of Tenancies) — CaseBriefly](https://casebriefly.com/legal-rules/landlord-tenant-law-types-of-tenancies)