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. Cowell.

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 hls tenancy being usually fixed by an instrument called a "lease." See Becker v. Becker, 13 App. Div, 342, 43 N. Y. Supp. 17; Bowe v. Hnnking, 135 Mass. 383, 46 Am. Rep. 471; Clift v. White, 12 N. Y. 527; Lightbody v. Truelsen, 39 Minn. 310, 40 N. W. 67; Wool-sey v. State, 30 Tex. App. 347, 17 S. W. 546. The word "tenant" conveys a much more comprehensive idea in the language of the law than it does in its popular sense. In popular language it is used more particularly as opposed to the word "landlord," and always seems to imply that the land or property is not the tenant's own, but belongs to some other person, of whom he immediately holds it. But. m the language of the law, every possessor of landed property is called a "tenant" with reference to such property, and this, whether such landed property is absolutely his own, or whether he merely holds it under a lease for a certain number of years. Brown.

In feudal law. One who holds of another (called "lord" or "superior") by some service; as fealty or rent. One who has actual possession of lands claimed in suit by another; the defendant in a real action. The correlative of "demandant." 3 Bl. Comm. 180. Strictly speaking, a "tenant" is a person who holds land; but the term is alao applied by analogy to personalty. Thus we speak of a person being tenant for llfe, or tenant in common, of stock. Sweet.

— Joint tenants. Two 'ot more persons to whom are granted lands or tenements to hold in fee-simple, fee-tail, for life, for years, or at will. 2 Bl. Comm. 179. Persons who own lands by a joint title created expressly by one and the same deed or will. 4 Kent, Comm. 357. 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. 2 Bl. Comm. 180.

— 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. Cowell.

— Tenant a volnnte. L. Fr. A tenant at will.

— Tene,nt at sufferance. One that comes into the possession of land by lawful title, but holds over by wrong, after the determination of his interest. 4 Kent, Comm. 116; 2 Bi. Comm. 150; Fielder v. Childs, 73 Ala. 577; Pleasants v. Claghom, 2 Miles (Pat) 304; Bright v. McOdat, 40 Ind. 525; Garner v. Hannah, 6 Duer (N. Y.) 270; Wright v. Graves, 80 Ala. 418.
—Tenant at will "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 is in possession. In this case the lessee is called 'tenant at will,' because he hath no certain nor sure estate, for the lessor may put him out at what time it pleaseth him." Litt. § 68; Sweet. Post v. Post, 14 Barb. (N. Y.) 258; Spalding v. Hall, 6 D. 'C. 125 ; Co.nningham v. Holton, 56 Me. 36; Willis v. Harrell, 118 Ga. 906, 45 S. E. 794.
—Tenant by copy of conrt roll (shortly, "tenant by copy") is the old-fashioned name for a copyholder. Litt. § 73.

— Tenant by the cnrtesy. 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 hls life. Co. Litt. 30a; 2 Bl. Comm. 126.

— Tenant by the manner. One who has a less -estate than a fee in land which remain in the reversioner. He is so called because in avowries and other pleadings it is specially shown, In what manner he is tenant of tne land, s(/ contradistinction to the veray tenant, who is calied simply "tenant." Ham. N. P. 393.

— 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 calied "pur auter vie,") or for more lives than one. 2 Bl. Comm. 120; In re Hyde, 41 Hun (N. Y.) 75.

— Tenant for years. One who has the temporary use and possession of lands or 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. 2 Bl. Comm. 140.

— 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. See 1 Steph. Comm. 271; 4 Kent, Comm. Ill, 114. One who holds over, by consent given either expressly or constructively, after the determination of a lease for years. 4 Kent, Comm. 112. See Shore v. Porter, 3 Term, 16; Rothschild v. Williamson, 83 Ind. 388; Hunter v. Frost, 47 Minn. 1, 49 N. W. 327: Arbenz v. Exley. 52 W. Va. 476, 44 S. E. 149, 61 In R. A. 957.

— 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 in common are generally defined to be such as hold the same land together by several and distinct titles, but by unity of possession, because none knows his own severalty, and therefore they nil occupy promiscuously. 2 Bl. Comm. 191. A tenancy in common is 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. 1 Steph. Comm. 323. See Coster v. Lorillard, 14 Wend. (N. Y.) 336; Thylor v. Millard, 118 N. Y. 244, 23 N. E. 376, 6 L. R. A. 667; Siiloway v. Brown, 12 Allen (Mass.) 36; Gage v. Gage, 66 N. H. 282, 29 Atl. 543, 28 1. It. A, 829; Hunter v. State, 60 Ark. 312, 30 S. W. 42.

— Tenant in dower. This is where the husbsnd of a woman is seised of an estate of inheritance and dies ; in this case the wife shall bave the third part of ali the lands and tenements whereof he was seised at any time during the coverture, to hold to herself for life, as her dower. Co.. Litt. 30; 2 Bl. Comm. 129; Combs v. Young, 4 Yerg. (Tenn.) 225, 26 Am. Dec. 225.
—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. 2 Bi. Comm. 104; Litt. § 1,

— Tenant in severalty. he who holds lauds 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 vtri.) 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 very early restrained from so doing, by the statute 32 Hen. VII. c. 36. Brown.

— 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. Ham. N.. P. 392, 393.

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

— 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 tnil, the tenant in tail in remainder was unable to bar the entail without the concurrence of the tenant for life, because a common recovery conid 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 prœcipe in the recovery might be issued against the latter, who was therefore called the "tenant to the prœcipe." Williams, Seis. 169; Sweet.
—Tenants by the verge "are in the same nature as tenants by copy of court roll, [i. e., copyholders.] But the reason why they be calied Tenants by the verge' is for that, when they will surrender their' tenements into the bands 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 calied Tenants by the verge,' but they have no other evidence [title-deed] but by copy of court roll." Litt. § 78; Co. Litt. 61a.

Z./n One who holds; a holder of lands and tenements. Tenant a Tolunte: tenant at will. Tenant peravaile: the lowest tenant of land; one who held of a mesne lord.

^ In its largest sense, any one who holds lands, whatever the nature or ex- ■ tent of his interest. ^ One who holds lands by any kind of title, whether for years, for life, or in fee. 9 Ahnost all realty is supposed to be holden of some superior lord, in consideration of services to be rendered by the possessor. The thing held is styled the 1 1 Bl. Com. 847; 3 id. 307. 2 United States!;. Knight, 14 Pet. 315 (1840); Fink v. O'Neil, 106 U. S. 280-82 (1882), cases. "United States v. Thompson, 98 U. S. 489-90 (1878), C£IS6S •i Broom, Max. 65. See 70 Ala. 519; 38 Ohio St. 86; 66 Pa. 238. „ „ „, d., 5 Neslin-u. Wells, 104 U. S. 441 (1881); 1 Story, Eq. § 64 • 8 Kent, 123; Broom, Max. 303-64; 2 Bl. Com. 10, 18; 29 Minn. 287; 33 Ohio St. 98. ' F. tenant, holding: L. tenere, to hold. tenement, the possessor thereof the tenant, and the manner of possession a tenure, or tenancy. ' In popular language, "tenant" stands opposed to " landlord," and implies that the land, house, or other real property is not the tenant's own but another person's of whom he holds immediately; and this sense is recognized in jurisprudence, as when the law relating to "landlord and tenant" is spoken of. But, speaking broadly, within the understanding of the law, every possessor of landed property is a tenant, whether the property is absolutely his own or is leased of another person. A mere lodger may not be regarded as a tenant.'^ Tenants are, or have been, distinguished, by terms referring to the nature of the estate held by them. At common law, the first three descriptive designations following were generic: Tenants in common. Such as hold by several and distinct titles, but by unity of possession; because none knows his own severalty, and therefore all occupy promiscuously '■', This tenancy, says Blackstone, is found where there is a unity of possession merely, with, perhaps, an entire disunion of interest, title, and time. One tenant may hold in fee-simple, the other in fee-tail or for life; or, one may hold by descent, the other by purchase, or each by purchase from a different grantor; or, again, the estate of one may have been vested for fifty years, and that of the other for a single day. The only unity is that of possession: because no man can certainly tell which part is his own. The estate may be created by destroying the unity of title or interest in an estate in joint- tenancy or coparcenary, or by special limitation in a deed. The tenants may be compelled to make partition; blit not so by early common law. They take by distinct moieties; no one has any entirety of interest: hence there is no sm-vivorship between them. As they differ from estates in severalty only in having the possession blended, the estate is dissolved by uniting all interests in one tenant, or by partition of the interests.* Tenants in common, says Kent, are persons who hold by unity of possession: they may hold by several and distmct titles, or by title derived at the same time, by the same deed or descent. They are seized per my and not per tout. In this country, the estate may be created by descent or by deed. The tenants are viewed as having distinct freeholds; and each conveys as if seized of the entirety. They sue separately as to realty, but joio to actions relating to an indivisible thing, as, for trespass on the land, or for rent. Actions of waste and account lie between them.' Joint-tenants. An estate in joint-tenancy is where lands and tenements are granted to 1 [2 Bl. Com. 59. " White V. Maynard, 111 Mass. 258 (1872). a 2 Bl. Com. 191. See also B Conn. 365; 12 Allen, 36; 8 Minn. 431; 4 Hun, 300; 8 Utah, 897. « 8 Bl. Com. 191-94. See also Tilton v. Vail, 43 Hun, two or more persons to hold in fee-simple, fee-tail, for life, for years, or at will.i This.tenancy 6r estate, says Blackstone, arises f rom_ the act of the parties, never from the act of the law. The tenants have unity of interest, title, time, and possession, that is, they 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. One tenant cannot sue or be sued without joining: the other; nor do any act to defeat or injure the other's estate; nor, at common law, have an action of waste or of account against his co-tenant. Upon the death of one tenant, tiie estate remains to the siu'vivor. The estate is destroyed by severing any one of the unities.^ Joint-tenants, says Kent, are persons who own land by a joint title, created expressly by one and the same deed or will. They imiformly hold by "purchase." The estates need not be of the same duration, nature, or Interest. The beneficial act of one enures to all tenants. By statute, one tenant may maintain an action of waste or of account against his co-tenant. They join and are to be joined in suits. They are seized per my et per tout: each has entire possession of every parcel and of the whole. Survivorship is the distinguishing incident; whence the early law, which was averse to the division of tenures, favored this species of tenancy. In this coimtry, the estate is reduced in extent, and the incident of survivorship is generally abolished; except as to titles held by trustees and conveyances to husband and wife, which conveyances are rather conveyances to one person than strict jointtenancias.^ Tenants in coparcenary. These always take and hold by descent as one heir.* They have distinct estates, with right to possession in common; and each may alien his share. They resemble joint-tenants in having the same unities of title, interest, and possession. The seisin of one is generally the seisin of all,> As estates, in this country, descend to all children equally, there is no substantial difference left between co-parceners and tenants in common.* Personalty also may belong to its owners in jointtenancy, and in common, but not in coparcenary. Thus, if a house is pven to two persons absolutely, they ai'e joint-owners. If the jointure be severed, as by either owner selling, the vendee and the remaining part-owner are tenants in common. For the encouragement of trade, partnership stock is considered as common and not as joint property, with no survivorship. ^ ' Tenant at sufferance. See Sufferance. Tenant at will. One who holds lands as tenant at the will of the lessor. A tenancy at will is one which may be » 2 Bl, Com. 180. » 2 Bl. Com. 180-87. M Keut,' 357-66. * 2 Bl. Com. 187-91. determined at the will or pleasure of either party. ^ ' Such tenant has no certain, indefeasible estate; nothing that he can assign. The estate is at the will of both parties, landlord and tenant; so that either one naay determine his will, and quit connection with the other at pleasure. But if the tenant sows his land, and the landlord, before the grain is ripe, or before it is reaped, puts him out, the tenant shall have the implements, and free ingi-ess and egress to cut and carry them away. But where the tenant voluntarily determines the will, the landlord has the profits of the land. The law is careful that no sudden determination by one party shall prejudice the other; and the couits lean against construing demises, where no certain term is mentioned, to be, tenancies at will, but rather hold them to be tenancies from year to year.^ Tenant by curtesy. See Curtesy. Tenant for life. See Life, Estate. Tenant for years, or Irom year to year. See Years, Estate for. Tenant from month to month. See Month. Tenant in capita. See Feud. Tenant in dower. See Dower. Tenant in fee-simple. See Fee, 1 (2). Tenant in fee-tail. See Fee. 1 (3); Tatt.. Tenant in severalty. See Severalty. Tenant paravail. See Feud. Terre-tenant. See Terre. Under tenant. See Lease, Sublease. See further Crop; Disclaimek, 1; Emblements; Emtirett; Jointure; Lease; Moiety; Partition; Survivorship.,'

v. Tenure. 1. One holding lands. 2. One holding a lease for years. 3. The defeudant in a real action. Tenant in Capite, Chief, Common, Dovrer, Fee, TaU; at Sufferance; by the Curtesy; to the Praecipe; Paravail: see those titles. Tenant for life, v. Life estate; after possibility, v. Tail; for years, from year to year, at ■will, v. Estate.