12 FORMS OF POSSESSION 



ses he occupies, until the tenancy has been terminated by 

 notice from his landlord to vacate, but he has no certain 

 and indefeasible estate which he can assign or grant to 

 any other person. l 



19. Tenancy from Year to Year. Tenancies of 

 this character have arisen, through the application by the 

 courts of principles of policy and justice, out of what were 

 once tenancies at will, determinable at any time by either 

 party without notice. 2 A tenant from year to year has 

 a lease for a year certain, with a growing interest during 

 every year therafter, springing out of the original contract 

 and parcel of it. But, although it has many of the qualities 

 of a term for years, the tenancy is substantially a tenancy 

 at will, except that such tenancy cannot be determined 

 by either party without due notice to quit. Such a ten- 

 ancy may arise either expressly or by implication and 

 either by writing or by parol. A lease for no definite term 

 with an annual rent, which may be payable quarterly or 

 monthly, is a lease from year to year. The incidents of 

 this estate are generally the same as those of an estate for 

 years. 



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1 



20. Tenancy from Month to Month or Week to 

 Week. A tenancy from month to month or from week 

 to week, like one from year to year, is of the same nature 

 as a tenancy at will, but requires notice for its termination. 



21. Tenancy by Sufferance. A tenancy by suffer- 

 ance exists where a person who has come into possession 

 of premises lawfully continues to remain thereon after 

 the right to do so has ended. He does not have even the 

 interest possessed by a tenant at will but is in possession 

 wrongfully and holds such possession only by the laches 

 or neglect of the rightful owner. The so-called "tenant 

 by sufferance" has no estate which he can transfer or trans- 

 mit and strictly speaking is not a tenant. However, al- 

 though, in most respects, he has possession only like a 



1. 24 Cyc. 1037. 



2. 24 Oyc. 1027; Real Prop., Tiffany, Ed. 1912. Sec. 57 et seq., p. 144. 



