In most jurisdictions a purchaser who takes possession under a real estate purchase agreement is not a tenant.[1]  The Uniform Landlord-Tenant Act excludes “occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest”.[2] 

Possible ramifications include the seller being denied the right to pursue the summary unlawful detainer process to regain possession from a defaulting purchaser, the remedy of distress is not available, and the seller is not liable for defective conditions of the premises.  

Some commentators have argued that since early possession does not naturally arise from the vendor-vendee relationship the parties are best viewed as landlord and tenant.  Some courts have agreed.

This argument may be most persuasive when there is a lease with an option to purchase and the option remains unexercised.[3]

[1] See Schoshinski, American Law of Landlord and Tenant, §1.7.

[2] See Uniform Residential Landlord and Tenant Act at   http://www.law.upenn.edu/bll/archives/ulc/fnact99/1970s/urlta72.htm (last accessed 04-20-09).

[3] Napper v. National Mortg. Group, Inc., 194 Ga.App. 148, 390 S.E.2d 70 (1990).

A tenancy at sufferance as it is defined in most jurisdiction arises in narrow circumstances and is “as illusory as the rings of Saturn viewed edge-on”.[1] The tenancy at sufferance arises when a tenant under one of the other types of tenancy wrongfully holds over.  The definition varies by statute in some jurisdictions.[2]

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A tenancy at will is terminable by either party or upon the death of either party.  No particular formal notice to terminate is required.  However, some courts have required the landowner to demand possession and allow a reasonable time for the occupant to vacate.  

If a lease is terminable at the will of only one party courts have interpreted the agreement variously as terminable by either party, a life estate, or even a fee simple title. 

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Tenancies are generally created by agreement of a landowner and a tenant.  There are generally at least four distinct types of tenancies.Continue reading→

Guests of hotels, motels, and like temporary lodging are generally considered licensees and not tenants. In most jurisdictions the landowner may use reasonable means of self-help eviction to oust such guests. [1]

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Employer provided living accommodations may or may not create a landlord-tenant relationship. In many jurisdictions courts have held that housing provided incidental to employment does not create a landlord-tenant relationship.[1] Continue reading→