# Understanding Tenancy-at-Will: Definition, Protections, and Termination Rules

## What Is a Tenancy-at-Will?

A tenancy-at-will offers unique flexibility and can be terminated by either landlord or tenant without requiring a contract. Governed by state laws, this arrangement is often appealing due to its simple, open-ended nature and is sometimes used among familiar parties like family members. Despite the absence of a written lease, there are still legal protections and responsibilities for landlord and tenant alike, ensuring both parties maintain certain obligations and standards during the tenancy.

### Key Takeaways

*   Tenancy-at-will laws allow for rental agreements to be terminated at any time by either the landlord or tenant without a formal contract.
*   This flexible arrangement does not define the rental duration or specify payment exchanges, and is often governed by state law.
*   Tenancy-at-will laws provide legal protections for both parties, ensuring safe living conditions and adherence to local regulations.
*   Notices to vacate, typically 30 days, are often required even without formal written agreements to terminate tenancies.
*   Tenancy-at-will arrangements end automatically if the tenant or property owner dies or if the property is sold.

## Understanding the Dynamics of Tenancy-at-Will

Tenants who have permission from their landlords to reside in a property but don't have leases generally have a tenancy-at-will. These tenancies are sometimes called "[month-to-month](https://www.investopedia.com/terms/m/month-to-month-tenancy.asp)" or "at-will" agreements. There's no formal contract specifying the length of time during which the tenancy will take place.

A tenancy-at-will defines the relationship between the landlord and tenant when strict terms, such as those contained within a lease agreement, aren't present or are defective. Terms may have expired. A tenancy-at-will agreement may also be created at the beginning of the landlord-tenant relationship.

Tenancies-at-will are effective if there's an oral agreement instead of a written one between the two parties or if there's a written agreement stating either that the tenancy is on a month-to-month basis or that there's no specified timeline. They can also be effective if the tenancy is continued after the original lease expires, but a new one hasn't yet been signed.

> **Fast Fact**
>
> Tenancies-at-will generally involve parties who are known to each other. Sometimes, these arrangements occur between family members.

## Legal Protections in Tenancy-at-Will Agreements

Both parties have [legal protections](https://www.investopedia.com/articles/personal-finance/061515/4-things-landlords-are-not-allowed-do.asp) even without a written agreement. For example, landlords must ensure a safe environment by law. Landlords must give notice before entering the property, as local laws require.

The tenant also has certain [unspoken responsibilities](https://www.investopedia.com/articles/younginvestors/07/ready_to_rent.asp) that they must fulfill even under a tenancy-at-will. Rent must be paid, and tenants must follow the agreed-upon rules with the landlord. The tenant is also responsible for any damages beyond normal wear and tear on the property. Both parties must follow local laws when moving out or when asked to leave.

> **Important**
>
> A notice to vacate is normally required to terminate a tenancy-at-will, even though there's no formal agreement.

## Notice and Procedures for Vacating a Tenancy-at-Will

A tenancy-at-will arrangement may not have written and agreed-upon requirements regarding notification of intention to vacate, but terms are generally spelled out within local landlord-tenant regulations.

It's not uncommon for a 30-day notice to apply to both the tenant and the landlord. Thirty days' notice must be provided to the other party if the tenant intends to vacate or if the landlord wants the tenant to vacate. A reason for the request to vacate is not required to be cited by either party. The notice is usually given in writing.

Landlords in an at-will arrangement in Maine can evict tenants without giving a reason, but they must give a 30-day written notice of the intended eviction. But certain circumstances can allow a landlord to give a tenant a seven-day notice to vacate in a tenancy-at-will agreement in this state. These circumstances include serious property damage, committing domestic violence or sexual assault, or being seven days late on rent.

Some situations allow ending a tenancy-at-will without notice. The tenancy agreement is nullified if the tenant or property owner dies, or if the landlord decides to [sell the property](https://www.investopedia.com/articles/investing/012117/buying-house-tenants-quick-guide.asp).

## Exploring Alternatives to Tenancy-at-Will

The most common type of tenancy is a tenancy-for-years, in which the rental agreement is for a fixed period. It has a specified beginning and termination date, at which point the tenant is expected to vacate the premises. The lease's end date is already set, so there's generally no need for a notice to vacate, but the landlord may choose to renew the lease.

A periodic tenancy allows a tenant to remain within the property for an undetermined period because the lease has no set end date. The lease typically stipulates when notice to vacate is required; however, both parties are bound to adhere to that clause.

## What Is a Right of Survivorship and Does It Affect a Tenancy-at-Will?

Two or more tenants have equal rights to a property when they have [rights of survivorship](https://www.investopedia.com/terms/j/jtwros.asp). They would automatically inherit another tenant's share in equal proportions if one of them were to die.

This legal arrangement is most common with property deeds that convey ownership rather than leases. A tenancy-at-will agreement would be dissolved if only one tenant resided in the property and that tenant died. Whether a roommate could effectively remain in residence would most likely be decided on a case-by-case basis, depending on the relationship between the landlord and tenant and the terms of the tenancy-at-will agreement.

## What Is a Holdover Tenant?

Both a tenant-at-will and a [holdover tenant](https://www.investopedia.com/terms/h/holdover-tenant.asp) lack formal rental agreements. A holdover tenant typically stays on after their fixed-term lease has expired. The tenant can legally occupy the unit if the landlord continues to accept rental payments. Otherwise, the tenant is considered to be a trespasser and must move out. The landlord can begin eviction proceedings if they don't do so or for a variety of other reasons based on state law.

## What Is a Tenancy-at-Sufferance?

A [tenant at sufferance](https://www.investopedia.com/terms/t/tenancy-at-sufferance.asp) is a holdover tenant. They may legally occupy a property after their lease expires in a tenancy-at-sufferance arrangement, provided that they're paying rent, the landlord is accepting the money, and the landlord has not yet issued a notice to vacate. There was a lease at one point, but that lease has reached its term and has expired.

## The Bottom Line

Tenancy-at-will arrangements offer significant flexibility, allowing both landlords and tenants to alter rental situations without being bound by a formal contract. This flexibility can be attractive, especially in personal or short-term living arrangements. However, it's crucial to consider the absence of the legal protections that a written lease provides, which can safeguard both parties in the event of disputes.

Carefully weigh these factors before entering a tenancy-at-will arrangement to ensure it aligns with your personal circumstances and expectations, including vacating notice requirements and potential risks such as eviction without cause.

> **Article Sources**
>
> 1.  MassLegalHelp.org. "[Chapter 4: What Kind of Tenancy Do You Have?](https://www.masslegalhelp.org/housing/lt1-chapter-4-tenancies.pdf)," Page 65.
>     
> 2.  MassLegalHelp.org. "[Chapter 4: What Kind of Tenancy Do You Have?](https://www.masslegalhelp.org/housing/lt1-chapter-4-tenancies.pdf)," Page 63.
>     
> 3.  Maine Legislature. "[§6002. Tenancy at Will; Buildings on Land of Another](https://legislature.maine.gov/statutes/14/title14sec6002.html)."
>     
> 4.  Cornell University Legal Information Institute. "[Right of Survivorship](https://www.law.cornell.edu/wex/right_of_survivorship#:~:text=Primary%20tabs,rights%20to%20the%20entire%20estate.)."
>     
> 5.  Cornell University Legal Information Institute. "[Holdover Tenant](https://www.law.cornell.edu/wex/holdover_tenant#:~:text=Primary%20tabs,tenant%20to%20a%20new%20lease.)."
>     
> 6.  HG.org Legal Resources. "[What Does a Sufferance Tenancy Mean?](https://www.hg.org/legal-articles/what-does-a-sufferance-tenancy-mean-45584)"