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Georgia courts have inferred a tenancy as little as two weeks after a house guest moved in, in which there was an intention to pay rent. So, the safest approach is to assume that a tenancy has been created, especially when evicting family members from your home.
Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.
If you do not have a written lease, your landlord cannot raise your rent or ask you to leave without giving you 60 days notice. If you have a written lease, your rent cannot be raised during the term of the lease unless the lease says otherwise.
A tenancy at sufferance is created when a tenant wrongfully holds over past the end of the durational period of the tenancy (for example, a tenant who stays past the experation of his or her lease).
The rules differ depending on which type of rental agreement exists between landlord and tenant. Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.
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For lease or rental agreement violations, the landlord must give the tenant 15 days to move out (for lease terms of one year or less) or 30 days (for leases of one year or more).
In Wisconsin, the landlord must not terminate, refuse to renew a lease, or fine a tenant for complaining to the landlord regarding the deposit, complaining to a government agency, or exercising a legal right.
The following is an example of tenancy at sufferance. Brianas lease for her apartment will expire at the end of next month, and the lease doesnt say she can occupy the home month-to-month after that. Briana decides to stay in the apartment without contacting the landlord to create and sign a new lease.
Your rights depend on the lease. Many leases, particularly older leases, give you the right to renew the lease in most circumstances. However, the landlord may be able to refuse to renew the lease if: You agreed to give up your right of renewal when you originally took on the lease.
A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out.

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