Such a tenant differs from a trespasser only in that

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Unformatted text preview: the consent of the owner. Of course, on payment and acceptance of rent, the tenancy at will may be converted to a periodic tenancy. ✘ RISK MANAGEMENT ALERT Tenancy at will may be terminated at any time, though termination won’t make the tenant a trespasser. Tenancy at sufferance A tenancy at sufferance is not a true tenancy. It arises where a tenant has entered into possession under a lawful title—for example, a leasing agreement—and, after the designated period has expired, has remained in possession without either the consent or dissent of the landlord. Such a tenant differs from a trespasser only in that their original entry wasn’t wrongful. The landlord must re-enter before an action in trespass can be commenced. Terms of agreement for lease The terms of an agreement for a lease may be established where a formal document is not executed, by way of part-performance and a memorandum in writing. The memorandum must contain, either expressly or by reference to other documents or events, the following:...
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This document was uploaded on 04/23/2012.

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