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Tenancy at Will

The landlord and tenant both have the right to terminate the tenancy at will. The parties must have an agreement or understanding that either party can terminate at any time. The tenancy has no stated duration and lasts as long as the landlord and tenant desire. In most states, the acceptance by the landlord of regular rent will cause the courts to consider the tenancy to be a periodic tenancy. No notice is required to terminate a tenancy at will at common law. However, in most states, statutes require notice of termination to be given at least one month in advance.

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