TENANT AT WILL, AND FROM 1 EAR TO YEAR, "Tenancy at will," says Littleton, a. 68, " is where lands or tenements are let by one man to another to have and to hold to him at the will of the lessor, by force of which lease the lessee in In possession. In this case the lessee is called tenant at will because he hath no certain or sure estate ; for the lessor may put him out at what tiino it pleaseth him." An estate at will may arise by implication, as well as by express words. Thus, where a tenant for years continues in possession after the expiration of his term, and pays rent as before, the payment and acceptance of rent constitute a tenancy at will. So, where a man enters under an agreement for is lease or a contract for the purchase of an estate, he mug be considered at law as the tenant at will of the person who has the legal title.
Where a mortgagor continues in possession of his land with the con sent of the suortgagee, after default in payment of principal and in terest at the thrio stipulated in the mortgage deed, he is tenant at will. So also, where the legal estate is vested in a trustee, the beneficial owner, or ealuique trait, if he be in possession, is considered at law as tenant at will under the trustee.
A tenancy at will may be determined either by erprees declaration of the lessor that the tenant shall hold no longer, which must be made on the land, or notice given of it to the lessee ; or by some act of ovenenship exercised by the landlord inconsistent with the continuance of the estate, such as entering on the land and cutting down trees demised, making a feoffment, or a lease for years to commence imme diately. On the part of the tenant, any net of desertion, an assign ment of the land to another, or the commission of waste, is a determi nation of his estate. A lessor determining time tenancy before the rent
is due loses the rent ; and on the other hand, the lessee who determines it before the rent is due, must notwithstanding pay it up to that time. If either party die, the tenancy, if it be of is house, continues till the next rent-day; and if of land, until the summer profits are received by the tenant or his representatives.
Where a tenancy at will is determined by the lessor, the tenant is entitled to emblementh ; but not if it be determined by the tenant himself.
The courts are always inclined to construe demises where no certain term is mentioned, not as estates at will, but as tenancies from year to year; and the circumstance of an annual rent being reserved has been considered sufficient to warrant this construction. Where a remainder man receives rent from a tenant under a lease for years which is void as against him, before electing to avoid it, a tenancy from year to year is created. Also wliere an agreement for a lease for more than three yearn is made by parol, and is therefore void by the Statute of Frauds, there is a tenancy from year to year regulated by the terms of the agreement.
A tenancy from year to year, when once constituted, is binding not only upon the reversioner, but his assignee, and does not cease upon the death of the tenant, but goes to his executors or administrators. The tenant Is entitled to six months' notice to quit, ending at the expiration of the year, and thus a new year is continually added to the term as often as the half year's previous notice is omitted to be given at the proper time.