leasing

tenancy at will

A tenancy at will is a leasehold estate with no fixed end date that continues only as long as both landlord and tenant want it to. Either party may end it, typically with notice as required by state law. It often arises informally, such as when a tenant moves in before a lease is signed. The death of either party usually terminates a tenancy at will, unlike most other leasehold estates.

Exam tip
Tenancy at will ends on the death of either party and has no set term. Don't confuse it with tenancy at sufferance, where the tenant stays without the landlord's consent.
Example
An owner lets a relative live in a rental house with no written lease or end date until either one decides to end the arrangement.

Related terms & state variants

Sources

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Last verified: 2026-10-23