SMH Commercial Real Estate

                  A Commercial Brokerage Practice Since 1992

Tenancy at Will

If a Lessee is allowed to hold over occupancy with the consent of the landlord, without a fixed term, such action creates a tenancy at will, and is exclusive to that of the landlord.  The law in all States require that "reasonable" notice be given.  If a tenant should hold-over and bring about physical damage to the structure, such act would be an injustice to the property owner, creating a “tenancy at will”.  Thus, no certain nor sure estate from and which a tenant may be dispossessed of, can be terminated at the whim of the landlord.

 

 


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