Who is a Tenant at Will?

Tenants-at-Will live in a property with the landlord's permission but without a lease agreement. This is also referred to as a month-to-month tenancy because tenants pay rent once a month, in advance.

A person is a Tenant-at-Will if:

• There is an oral agreement to rent;
• There is a written agreement that either says the tenant has a month-to-month tenancy or the writing does not specify when the tenancy ends;
• The written lease has ended, a new lease has not been signed and the landlord continues to accept rent at the beginning of each month without objection; OR
• A valid notice to quit is served on the tenant and then later decide to allow him to stay in the property without a new lease.

If you have questions about a tenant who may be a tenant-at-will then call Arizona real estate attorney Clint S. Dunaway at 480-344-4035 or by email at cdunaway@davismiles.com.