Laws on Termination of Leases
- A "tenancy for years"---a lease that lasts for a specified period of time---is terminated on the date it is scheduled for termination. These leases have a set start date and a set end date.
- A "periodic tenancy" automatically renews itself at the end of the lease period until one party to the lease gives notice to the other of termination. Month-to-month and year-to-year leases are consider periodic tenancies. Termination requires that one party notify the other a specified period in advance.
- A "tenancy at will" can be terminated at the will of either party and no notice is required. This type of lease states that it lasts "for so long as the tenant or landlord wishes." A tenancy at will also terminates when either the landlord or tenant dies, waste is committed by the tenant, the tenant tries to assign his lease (i.e. transfer it to a third person), or the landlord conveys his right in the leased land to another.
- A lease may be terminated because of illegal conduct. A landlord can terminate a lease when the tenant uses the property for illegal conduct. The landlord can exercise this privilege only if he himself is not party to the conduct at issue.
- A lease may be terminated by condemnation. The U.S. Constitution assigns government the authority to take private land in exchange for just compensation. Once a government entity has condemned someone's land for the entire period of the lease on that land, then the lease is terminated and the tenant is no longer obligated to pay rent. If the government has condemned land for a period that is less than the term remaining, or if only a part of the land is condemned, the tenant may get compensation for the value of the land taken but still has to pay rent.
Tenancies for Years
Periodic Tenancies
Tenancies at Will
Illegality
Condemnation
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