How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5332
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
7 Real Estate Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Questions on Tenancy at Will

A “tenancy at will” is defined as the occupation of real property by a tenant until the landlord gives notice to terminate the tenancy, usually 30 days prior to termination as decided by state law or agreement. This notice can be given at any time. Also, since the tenancy at will is an agreement created between a landlord and tenant, it cannot be transferred to another person as the landlord controls the right to occupy the premises.

Listed below are a few questions answered by real estate lawyers on tenancy at will related issues.

What is meant by a “tenant at will”?

A tenant at will is a tenant who does not have a lease for a specified period of time. He/she can be evicted by the landlord with a 30-day notice.

Can a person claim "tenant at will" to occupy a home that he used to share with his now deceased girlfriend?

A tenant at will is a tenant who lives in rented premises without a lease but pays rent on a periodic basis. This agreement can either be verbal or written. This arrangement can be terminated—without giving a reason—by either the landlord or the tenant, with a written notice that is 30 days or a full rental period in advance. If the tenant pays the rent on the first of each month, the landlord should give the tenant notice before the first day of the month. Thus tenancy at will is not something that you claim but it is an agreement that is reached between the tenant and the landlord.

I have a “tenancy at will” lease in my Denver apartment in Colorado. How much time does the management have to give me if they want to terminate my lease and get me to leave?

The law in Colorado says that the landlord needs to give you written notice at least 10 days before the end of any month period. This is of course assuming that you rent by the month.

I gave notice to a tenant at will in New Hampshire to terminate his tenancy but he has still not moved out within the 30 day period. What can I do?

You could seek an eviction from the District Court. Your local court can provide the forms you need to file. Once you file them, the sheriff will serve your tenant with the forms. There will be a return date (court date) on the forms, and the tenant would need to file an appearance form by this date.

The judge will then hear from both parties on the day of court. If the court is in agreement with you, you will get a "writ of possession" of the property. If the tenant still refuses to vacate the premises after the writ is issued, the sheriff can get him/her out.

Keep in mind though that there is a possibility that tenants can be allowed to remain in the property for up to 90 days by paying rent if a judge decides to let them.

My basement studio apartment in Cambridge, MA which is a tenancy at will has only one fire exit. Can I sue my landlord for living, for five months, in a unit that violates fire safety codes?

There are scores of units that do not have more than one exit. So there is no point in suing. Your options would be limited to moving out.

Since a landlord can terminate a tenancy at will whenever he or she chooses, the law grants the tenant a reciprocal right to terminate at will as well. Besides this, a tenancy at will can also be terminated by the law for a number of reasons. These include if the tenant damages the property or attempts to assign his/her tenancy to another person, if the landlord decides to transfer his interest in the property, if the landlord leases the property out to a new person, or if either the tenant or landlord dies.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5332
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
7 Real Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Real Estate Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21604
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18608
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Tenancy at Will Questions

  • I also came back in to ask; If the court refuses to allow me

    I also came back in to ask; If the court refuses to allow me to conduct discovery, which I have not been allowed to have completed, and defense refused to answer the little they got, because of former counsel and they do not give me a default judgment on that, is that "fraud on the court"?
  • I am a seller in Michigan cancelling a real estate contract

    I am a seller in Michigan cancelling a real estate contract due to the buyer not meeting his obligation to provide evidence of loan approval by 10/23/14. Is there a specific form that I can use? If not, is this considered an amendment to the contract or simply a notification to cancel. Is there specific language that I should include?
  • Landlord kept security deposit $1700. I sued and he countersued

    Landlord kept security deposit $1700. I sued and he countersued for $4000. Consulted an attorney for $175 who said I did not need one and that I would win in court. Went to court and lost simply because I did not have an attorney. I failed to know what to give the judge and the judge did not ask me for any of my documents. The Landlord's attorney ran circles around me and I basically was intimidated into submission. Went back to attorney and for another $200 said it would cost me more than $4000 to defend my case. How can this even happen in America? What is the purpose of a security deposit if it is only going to be confiscated. I am innocent. btw, the landlord is an attorney also! Shyster.
< Last | Next >
View More Real Estate Law Questions