tenant

In the broadest sense, one who holds or possesses lands or tenements by any kind of right or title, whether in fee, for life, for years, at will, or otherwise. In a more restricted sense, one who holds lands of another; one who has the temporary use and occupation of real property owned by another person (called the "landlord"), the duration and terms of his tenancy being usually fixed by an instrument called a "lease."

One who occupies another's land or premises in subordination to such other's title and with his assent, express or implied. One renting land and paying for it either in money or part of crop or equivalent.

See also holdover tenant

- lessee

- tenancy.

Feudal law.

One who holds of another (called "lord" or "superior") by some service; as fealty or rent.

@ joint tenants

Two or more persons to whom are granted lands or tenements to hold in fee-simple, fee-tail, for life, for years, or at will. Persons who own lands by a joint title created expressly by one and the same deed or will. Joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession.

See also tenancy (joint tenancy)

@ land tenant

The person actually in possession of land

@ prime tenant

Commercial or professional tenant with established reputation that leases substantial, and usually most preferred, space in office building, shopping center, etc. Such type tenant is important in securing construction financing and in attracting other quality tenants.

@ quasi tenant at sufferance

An under-tenant, who is in possession at the determination of an original lease, and is permitted by the reversioner to hold over.

@ sole tenant

He that holds lands by his own right only, without any other person being joined with him

@ tenant at sufferance

Such tenancy arises when one comes into the possession of property by lawful title, but wrongfully holds over after the termination of his interest. Warehouse Distributors, Inc. v. Prudential Storage & Van Corp., 208 Va. 784, 161 S.E.2d 86, 89.

He has no estate nor title but only naked possession without right and wrongfully, and stands in no privity to landlord and is not entitled to notice to quit, and is a bare licensee to whom landlord owes merely duty not wantonly nor willfully to injure him. Welch v. Rice, 61 Wyo. 511,159 P.2d 502, 506, 509

@ tenant at will

One who holds possession of premises by permission of owner or landlord, but without fixed term. Characteristics of a "tenancy at will," whether created by express contract or by implication of law, are uncertain duration and right of either party to terminate on proper notice. Myers v. East Ohio Gas Co., 51 Ohio St.2d 121, 5 O.O.3d 103, 364 N.E.2d 1369, 1372

@ tenant a volunte

L. Fr. A tenant at will. Tenant by copy of court roll (shortly, "tenant by copy") is the old-fashioned name for a copyholder

@ tenant by the curtesy

One who, on the death of his wife seised of an estate of inheritance, after having by her issue born alive and capable of inheriting her estate, holds the lands and tenements for the term of his life

@ tenant by the manner

One who has a less estate than a fee in land which remains in the reversioner. He is so called because in avowries and other pleadings it is specially shown in what manner he is tenant of the land, in contradistinction to the veray tenant, who is called simply "tenant."

@ tenant for life

One who holds lands or tenements for the term of his own life, or for that of any other person (in which case he is called "pur outer vie"), or for more lives than one

@ tenant for years

One who has the temporary use and possession of lands 0r tenements not his own, by virtue of a lease or demise granted to him by the owner, for a determinate period of time, as for a year or a fixed number of years

@ tenant from year to year

One who holds lands or tenements under the demise of another, where no certain term has been mentioned, but an annual rent has been reserved. One who holds over, by consent given either expressly or constructively, after the determination of a lease for years.

See also tenancy

@ tenant in capite

In feudal and old English law, tenant in chief; one who held immediately under the king, in right of his crown and dignity. 2 Bl.Comm. 60

@ tenant in common

Tenants who hold the same land together by several and distinct titles, but by unity of possession, because none knows his own severally, and therefore they all occupy promiscuously. Where two or more hold the same land, with interests accruing under different titles, or accruing under the same title, but at different periods, or conferred by words of limitation importing that the grantees are to take in distinct shares.

See also tenancy (tenancy in common)

@ tenant in dower

This arises where the husband of a woman is seised of an estate of inheritance and dies; in this case the wife shall have the third part of all the lands and tenements whereof he was seised at any time during the coverture, to hold to herself for life, as her dower. 2 Bl.Comm. 129

@ tenant in fee-simple

@ tenant in fee

@ tenant in fee-simple or tenant in fee

tenant in fee-simple (or tenant in fee)

He who has lands, tenements, or hereditaments, to hold to him and his heirs forever, generally, absolutely, and simply; without mentioning what heirs, but referring that to his own pleasure, or to the disposition of the law

@ tenant in severally

One who holds lands and tenements in his own right only, without any other person being joined or connected with him in point of interest during his estate therein. 2 Bl.Comm. 179

@ tenant in tail

One who holds an estate in fee-tail, that is, an estate which, by the instrument creating it, is limited to some particular heirs, exclusive of others; as to the heirs of his body or to the heirs, male or female, of his body

@ tenant in tail ex provisione viri

Where an owner of lands, upon or previously to marrying a wife, settled lands upon himself and his wife, and the heirs of their two bodies begotten, and then died, the wife, as survivor, became tenant in tail of the husband's lands, in consequence of the husband's provision (ex provisione viri). Originally, she could bar the estate-tail like any other tenant in tail; but the husband's intention having been merely to provide for her during her widowhood, and not to enable her to bar his children of their inheritance, she was early restrained from so doing, by the statute 32 Hen. VII, c. 36

@ tenant of the demesne

One who is tenant of a mesne lord; as, where A. is tenant of B., and C. of A., B. is the lord, A. the mesne lord, and C. tenant of the demesne

@ tenant paravaile

The under-tenant of land; that is, the tenant of a tenant; one who held of a mesne lord

@ tenants by the verge

The "same nature as tenants by copy of court roll [i.e., copyholders]. But the reason why they be called 'tenants by the verge' is for that, when they will surrender their tenements into the hands of their lord to the use of another, they shall have a little rod (by the custome) in their hand, the which they shall deliver to the steward or to the bailife, and the steward or bailife, according to the custome, shall deliver to him that taketh the land the same rod, or another rod, in the name of seisin; and for this cause they are called 'tenants by the verge,' but they have no other evidence [title-deed] but by copy of court roll."

@ tenant to the praecipe

Before the English fines and recoveries act, if land was conveyed to a person for life with remainder to another in tail, the tenant in tail in remainder was unable to bar the entail without the concurrence of the tenant for life, because a common recovery could only be suffered by the person seised of the land. In such a case, if the tenant for life wished to concur in barring the entail, he usually conveyed his life-estate to some other person, in order that the prsecipe in the recovery might be issued against the latter, who was therefore called the "tenant to the praecipe."

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