Tenant \Ten"ant\, n. [F. tenant, p. pr. of tenir to hold. See
Tenable, and cf. Lieutenant.]
1. (Law) One who holds or possesses lands, or other real
estate, by any kind of right, whether in fee simple, in
common, in severalty, for life, for years, or at will;
also, one who has the occupation or temporary possession
of lands or tenements the title of which is in another; --
correlative to landlord. See Citation from --Blackstone,
under Tenement, 2. --Blount. Wharton.
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2. One who has possession of any place; a dweller; an
occupant. "Sweet tenants of this grove." --Cowper.
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The hhappy tenant of your shade. --Cowley.
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The sister tenants of the middle deep. --Byron.
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Tenant in capite [L. in in + capite, abl. of caput head,
chief.], or Tenant in chief, by the laws of England, one
who holds immediately of the king. According to the feudal
system, all lands in England are considered as held
immediately or mediately of the king, who is styled lord
paramount. Such tenants, however, are considered as having
the fee of the lands and permanent possession.
--Blackstone.
Tenant in common. See under Common.
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TENANT, estates. One who holds or possesses lands or tenements by any kind
of title, either in fee, for life, for years, or at will. See 5 Mann. & Gr.
54; S. C. 44 Eng. C. L. Rep. 39; 5 Mann. & Gr. 112; Bouv. Inst. Index, h.t.
2. Tenants may be considered with regard to the estate to which they
are entitled. There are tenants in fee; tenants by the curtesy; tenants in
dower; tenants in tail after. possibility of issue extinct; tenants for life
tenants for years; tenants from year to year; tenants at Will; and tenants
at suffrance. When considered with regard to their number, tenants are in
severalty; tenants in common; and joint tenants. There is also a kind of
tenant, called tenant to the praecipe. These will be separately examined.
3. Tenant in fee is he who has an estate of inheritance in the land.
See Fee.
4. Tenant by the curtesy, is where a man marries a woman seised of an
estate of inheritance, that is, of lands and tenements in fee simple or fee
tail; and has by her issue born alive, which was capable of inheriting her
estate. In this case he shall, on the death of his wife, hold the lands for
life, as tenant by the curtesy. Co. Litt. 29, a; 2 Lilly's Reg. 656; 2 Bl.
Com. 126. See Curtesy.
5. Tenant in dower is 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 the lands and tenements of which he was seised at any time during
the coverture, to hold to herself during the term of her natural life. 2 Bl.
Com. 129; Com. Dig. Dower, A 1. See Dower.
6. Tenant in tail after possibility of issue extinct, is where one is
tenant in special tail, and a person from whose body the issue was to
spring, dies without issue; or having issue, becomes extinct; in these cases
the survivor becomes tenant in tail after possibility of issue extinct. 2
Bl. Com. 124; and vide Estate tail after possibility of issue extinct.
7. Tenant for life, is he to whom lands or tenements are granted, or to
which he derives by operation of law a title for the term of his own life,
or for that of any other person, or for more lives than one.
8. He is called tenant for life, except when he holds the estate by the
life of another, when he is called tenant er autre vie. 2 Bl. Com. 84; Com.
Dig. Estates, E 1; Bac. Ab. Estates, See Estate for life; 2 Lilly's Reg.
557.
9. Tenant for years, is he to whom another has let lands, tenements and
hereditaments for a term of certain years, or for a lesser definite period
of time, and the lessee enters thereon. 2, Bl. Com. 140; Com. Dig Estates by
grant, G.
10. A tenant for years has incident to, and unseparable from his
estate, unless by special agreement, the same estovers to which a tenant for
life is entitled. See Estate for life. With regard to the crops or
emblements, the tenant for years is not, in general, entitled to them after
the expiration of his term. 2 Bl. Com. 144. But in Pennsylvania, the tenant
is entitled to the way going crop. 2 Binn. 487; 5 Binn. 285, 289 2 S. & R.
14. See 5 B. & A. 768; this Diet. Distress; Estate for years; Lease; Lessee;
Notice to quit.; Underlease.
11. Tenant from year to year, is he to whom another has let lands or
tenements, without any certain or determinate estate; especially if an
annual rent be reserved Com. Dig. Estates, R 1. And when a person is let
into possession as a tenant, without any agreement as to time, the inference
now is, that he is a tenant from year to year, until the contrary be proved;
but, of course, such presumption may be rebutted. 3 Burr. 1609; 1 T. R. 163;
3 T. R. 16; 5 T. R. 471; 8 T. R. 3; 3 East 451. The difference between a
tenant from year to year, and a tenant for years, is rather a distinction in
words than in substance. Woodf., L. & J. 163.
12. Tenant at will, is when lands or tenements are let by one man to
another, to have and th bold to him at the will of the lessor, by force of
which the lessee is in possession. In this case the lessee is called tenant
at will.
13. Every lease at will must be at the will of both parties. Co. Lit. 55; 2
Lilly's Reg. 555; 2 Bl. Com. 145., See Com. Dig. Estates, H 1; 12 Mass. 325;
1 Johns. Cas. 33; 2 Caines' C. Err. 314; 2 Caines' R. 169; 17 Mass. R. 282;
9 Johns. R. 331; 13 Johns. R. 235. Such a tenant may be ejected by the
landlord at any time. 1 Watt's & Serg. 90.
14. Tenant at suffrance, is he who comes into possession by a lawful demise,
and after his term is ended, continues the possession wrongfully, and holds
over. Co. Lit. 57, b; 2 Leo. 46; 3 Leo. 153. See 1 Johns. Cas. 123; 5 Johns.
R. 128; 4 Johns. R. 150; Id. 312.
15. Tenant in severalty, is he who holds land 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. Com. 179.
16. Tenants in common, are such as hold by several and distinct titles, but
by unity of possession. 2 Bl. Com. 161. See Estate in common; 7 Cruise, Dig.
Ind. tit. Tenancy in Common; Bac. Abr. Joint-Tenants and Tenants in Common;
Com. Dig. Abatement, E 10, F 6; Chancery, 3 V 4 Devise, N 8; Estates, K 8, K
2 Supp. to Ves. jr. vol. 1, 272, 315; 1 Vern. It. 353; Arch. Civ. Pl. 53,
73.
17. Tenants in common may have title as such to real or personal property;
they may be tenants of a house, land, a horse, a ship, and the like.
18. Tenants in common are bound to account to each other; but they are bound
to account only for the value of the property as it was when they entered,
and not for any improvement or labor they put upon it, at their separate
expense. 1 McMull. R. 298. Vide Estates in common; and 4 Kent, Com. 363.
Joint tenants, are such as hold lands or tenements by joint tenancy. See
Estate in joint tenancy; 7 Cruise, Dig. Ind. tit. Joint Tenancy; Bac. Abr.
Joint Tenants and Tenants in Common; Com. Dig. Estates, K 1; Chancery, 3 V
1; Devise, N 7, N 8; 2 Saund. Ind. Joint Tenants; Preston on Estates, 2 Bl.
Com. 179.
20. Tenants to the praecipe, is be against whom the writ of praecipe is
brought, in suing out a common recovery, and must be the tenant or seised of
the freehold. 2 Bl. Com. 362.
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