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Tenancy at Will

Tenancy at Will

A lease is a contractual relationship between a tenant, also known as a lessee, who acquires the right to use the property of another. There are two various forms of property, intangible and tangible, which could be leased. Intangible property consists of a carpet cleaner or a xerox machine, while tangible leasing revolves around automobiles, or any form of real estate. In the instances of leasing property, rent, also referred to as consideration, is paid to the landlord whose party is known as the lessor. 
The lease is a contract in which the landlord may prohibit certain things, while the tenant may have his own provisions on the lease as well. Other than the restrictions by the landlord, there maybe local regulations which may need to be follow as well, but aside from that, the tenant has control. No one can enter the property while there is a tenant, without the permission of the tenant. It is unlawful for the landlord to interfere with the quiet enjoyment of the tenant while he or she has possession of the property. 
A lease falls under the contract law of the applicable jurisdiction and therefore is deemed enforceable. Occasionally, according to where the property is located, a statute may require certain clauses to be stated within the lease itself. There are many specifics needed to be stated on the lease due to the complications that may arise later on in the relationship between the tenant and the landlord. Clarity is a must in order to the various details stated within the lease. The following elements are common on most leases:
          Names of the parties who are entering the agreement
          The starting date as well as the duration of the tenancy
          Specifying the property by address
          Stating the conditions regarding renewal
          Method of payment
          Specifics regarding the security deposit and the conditions for its return
 
          Statutes, default conditions and specific remedies
          Details regarding insurance, restrictive use, and responsibilities for maintenance.  
A tenancy at will, also referred to as an estate at will, is created based upon the discretion of the landlord, and the tenant. It can be an informal, or a formal agreement depending on the specifics set by the two parties going into agreement. This form of tenancy may be terminated at anytime based upon a reasonable notice from either party. It is rare, but quite possible to have a tenancy at will that requires no consideration or rent. 
Any verbal agreement regarding the lease being longer than 12 months is not enforceable unless in writing. Many residential leases convert into a tenancy at will after a 30 day notice, once a new lease is negotiated, the estate at will automatically terminates. There may also be a provision which states, if the lease is not renewed by a certain time, the estate at will terminates automatically. 
If the landlord creates the estate at will, not only could he terminate the lease, but so could the tenant. On the other hand, if the “at will” tenancy is created based upon the tenant, the landlord may not be able to terminate the lease due to the possibility or intent of a granted life estate or a fee simple estate. A tenancy at will may be terminated by the law in a few given scenarios listed below:
         If the tenant commits waste against the estate
         Tenant attempts to assign the tenancy
         The property is used for unlawful purposes
         Landlord transfers his interest in the property
         Landlord leases the property to another
         If the tenant or landlord dies
Since the creation of an estate at will may be formal or informal, the termination may be the same. If not restricted by the jurisdiction, a landlord may end an estate at will by just changing the locks, in some jurisdictions that is known as a constructive eviction, but others may allow it.

Tenancy for Years

Tenancy for Years

A lease is a contractual relationship between a tenant, also known as a lessee, who acquires the right to use the propertyreal estate contract      
        
             Names of the parties who are entering the agreement
             The starting date as well as the duration of the tenancy
             Specifying the property by address
             Stating the conditions regarding renewal
             Method of payment
             Specifics regarding the security deposit and the conditions for its return
             Statutes, default conditions and specific remedies
             Details regarding insurance, restrictive use, and responsibilities for maintenance.  
There are many different forms of leasing, one form which is quite common is a tenancy for years, also known as a fixed-term tenancy. In this form of leasing, the beginning date of the tenancy, and the end date, are both predetermined. The duration could be a week, all the way up to a couple years, it varies based on the agreement made between the lessee and lessor. The end date does not have to necessarily be determined when the exception of this type of tenancy comes into play. The exception revolves around the occurring of an event. 
For example, if Pavel is the lessor, and Nikolai is the lessee, in the lease, Pavel can state that the tenancy exists until he returns from the hockey World Cup in which the return is not yet determined, or he can state that the termination date will occur in the winter, due to the small ice rink he is creating in the backyard. As long as this is all stated within the lease, it is enforceable. The lease automatically expires on the date of termination or on the happening of the specific event, there is no process needed to satisfy the termination of the lease.

The Powerful Ownership of Fee Simple Defeasible

The Powerful Ownership of Fee Simple Defeasible

A Fee simple defeasible title is the second most powerful means of owning property. The only exceptions which exist are the basic four government regulations, which are taxation, escheat, eminent domain, and police power, and, or a covenants (restrictions) on a deed. A condition on a deed refers to a previous owner creating conditions on the deed that restrict or limit the use of property from a specific use. 
A property initially becomes a fee simple defeasible once there is a covenant on the deed. An example of a restriction on a deed is if a previous owner restricted the sale of alcohol. During this violation, whether the current owner is aware of it or not, the sale or purchase of alcohol becomes prohibited. Since the deeds follow the land, if the sale of alcohol does take place, either the previous owner or any of his lineal descendants may seize the land immediately.
In this given example, since there is the sale of alcohol, most probably this means there is a liquor license on hand. This is a clear violation of a covenant on the deed, and therefore the property title can immediately be confiscated and given to the previous owner or his or her descendants. Not only is the property going to be taken, but since there must be a liquor license on hand that goes with the property, the liquor license is automatically forfeited as well. 
The new owner of the liquor license would be the same individual who has now acquired the title of the property due to the violation of a covenant on the deed. The township or state cannot enforce the violation, only the previous owner or his/her descendants can do so.
A real life example of an issue relating to the violation of a deed was Evans v. Abney, 396 U.S. 435 (1970), argued 12–13 Nov. 1969, decided 29 Jan. 1970 by vote of 6 to 2. Evans is one of a series of Supreme Court decisions that have considered racially discriminatory land‐use covenants and other, privately created, racial land‐use limits. This case dealt a covenant on the deed stating the park can only be used by Whites.
The covenant stayed strong until it collided with the Civil Rights Act when it was created. The conclusion of the trial came forth when the defendant agreed and said “yes, the law states you cannot discriminate against one group different from the other, but, it would not be discrimination if we took the park away as a whole.” 
This statement held valid, not only because it was a loophole that was used, but also because testate law will always hold more importance than property law itself. Looking at the above examples clearly comes to show how important testate law is, and to what extent it is respected. As long as the testate laws do not violate or breach any regulations or rules set by any form of the government, it will be held as a priority.
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