Legal Definitions of Tenancy, Tenant
The state or condition of a tenant; the estate held by a tenant, as a tenant at will, a tenancy for years.3 min read
Tenancy: The state or condition of a tenant; the estate held by a tenant, as a tenant at will, a tenancy for years.
Tenant - One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will.
- Tenants may be considered with regard to the estate to which they are entitled. There are:
- Tenants in fee
- Tenants by the curtesy
- Tenants in dower
- Tenants in tail after. possibility of issue extinct
- Tenants for life
- Tenants for years
- Tenants from year to year
- Tenants at Will
- Tenants at sufferance
When considered with regard to their number, tenants are:
- In severalty
- In common
- Joint tenants
- Tenants to the praecipe
Tenant in fee is he who has an estate of inheritance in the land. See Fee.
Tenant by the curtesy, is where a man marries a woman seized of an estate of inheritance, that is, of lands and tenements in fee simple or fee tail; and has by her issue born alive, which was capable of inheriting her estate. In this case he shall, on the death of his wife, hold the lands for life, as tenant by the curtesy.
Tenant in dower is where the husband of a woman is seized of an estate of inheritance, and dies; in this case, the wife shall have the third part of the lands and tenements of which he was seized at any time during the coverture, to hold to herself during the term of her natural life.
Tenant in tail after possibility of issue extinct, is where one is tenant in special tail, and a person from whose body the issue was to spring, dies without issue; or having issue, becomes extinct; in these cases the survivor becomes tenant in tail after possibility of issue extinct.
Tenant for life, is he to whom lands or tenements are granted, or to which he derives by operation of law a title for the term of his own life, or for that of any other person, or for more lives than one. He is called tenant for life, except when he holds the estate by the life of another, when he is called tenant er autre vie.
Tenant for years, is he to whom another has let lands, tenements and hereditaments for a term of certain years, or for a lesser definite period of time, and the lessee enters thereon. A tenant for years has incident to, and unseparable from his estate, unless by special agreement, the same estovers to which a tenant for life is entitled. With regard to the crops or emblements, the tenant for years is not, in general, entitled to them after the expiration of his term.
Tenant from year to year, is he to whom another has let lands or tenements, without any certain or determinate estate; especially if an annual rent be reserved. And when a person is let into possession as a tenant, without any agreement as to time, the inference now is, that he is a tenant from year to year, until the contrary be proved; but, of course, such presumption may be rebutted. The difference between a tenant from year to year, and a tenant for years, is rather a distinction in words than in substance.
Tenant at will, is when lands or tenements are let by one man to another, to have and th bold to him at the will of the lessor, by force of which the lessee is in possession. In this case the lessee is called tenant at will. Every lease at will must be at the will of both parties. Such a tenant may be ejected by the landlord at any time.
Tenant at suffrance, is he who comes into possession by a lawful demise, and after his term is ended, continues the possession wrongfully, and holds over.
Tenant in severalty, is he who holds land and tenements in his own right only, without any other person being joined or connected with him in point of interest, during his estate therein.
Tenants in common, are such as hold by several and distinct titles, but by unity of possession. Tenants in common may have title as such to real or personal property; they may be tenants of a house, land, a horse, a ship, and the like. Tenants in common are bound to account to each other; but they are bound to account only for the value of the property as it was when they entered, and not for any improvement or labor they put upon it, at their separate expense.
Tenants to the praecipe, is be against whom the writ of praecipe is brought, in suing out a common recovery, and must be the tenant or seized of the freehold.