Tenancy at Will Form

A tenancy at will form template helps you create a rental agreement that can continue a previous lease that had a specific term. It is a month to month lease agreement. It may have the same terms as the original lease, but the term has changed to month to month. Either the landlord or the tenant may request to end the tenancy with proper notice.

What is a tenancy at will?

A Tenancy at Will is a type of rental agreement that can be terminated at any time by either the tenant or the landlord.  A Tenancy At Will agreement should be terminated with appropriate notice, which is usually considered to be at least one month. The agreement could also be canceled at any time if the owner loses their property due to foreclosure or repossession.  This type of agreement is desirable to tenants and owners who wish to have flexibility in their arrangements.

This differs slightly from a periodic tenancy, that takes place after a long-term lease has ended when the parties do not enter into a new lease. This type of agreement will allow a tenant to continue to stay in the rental property for an unspecified period of time as long as the rent continues to be paid.

How does it work?

Example:

John and Jane Doe are building their dream home.  They are not sure when construction will be complete and they need someplace to live in the meantime.  The Does decide to rent an apartment from Alex Smith, who is willing to rent to them until they are able to move into their new home.  There is no definite rental period.

This is an at will arrangement.  Either the Does or Alex Smith are entitled to change the deal at any time; however, some reasonable notice is usually required.

Legal Considerations

Protections under Tenancy of Will

Even though you do not have a written agreement, each party has some legal protections.  Both parties to an at will arrangement must follow applicable regulations regarding notice to vacate the property.

A tenant at will is responsible for all rent payments and for following the rules that the parties have agreed to.  The tenant must pay for any damages beyond normal wear and tear to the real estate. The property owner is required to provide a safe environment and must provide notice prior to entering the leasing property.

Notice of Intention to Vacate

Local regulations generally specify how much notice must be given before a tenant can vacate a property.  Most cities' landlord-tenant laws require parties to provide a 30-day notice to the other party. This notice is usually given in writing.  A reason for the request to vacate is not required.

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Sublease Agreement

Sample Tenancy at Will

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Sample Tenancy at Will

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