Landlord and Tenant: Creating the Tenancy Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your® ID to access the full text of this chapter.
Order from the LexisNexis Store. Formats may include:
  • eBook for Mobipocket readers, including Amazon® Kindle

  • eBook for eReader, including Adobe® Digital Edition, Apple® iPad®, Sony® Reader

  • Print (Hardcover)


California Forms of Pleading and Practice--Annotated
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

29-331 California Forms of Pleading and Practice--Annotated 331.syn


Landlord and Tenant: Creating the Tenancy


Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter covers the creation of a tenancy between a landlord and a tenant. It explains and distinguishes the types of tenancies, which are tenancy at will, periodic tenancy, tenancy for a fixed term, and tenancy at sufferance. It then covers the rights of tenants; leases and the requirements for their validity; rent; security deposits; and title issues relating to the tenancy, such as options to purchase. The chapter also includes a discussion of cotenants.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Landlord,Tenant,Tenancy,Landlord Tenant Relationship,Tenancy at Will,Periodic Tenancy,Tenancy for Fixed Term,Tenancy at Sufferance,Length of Tenancy,Tenant Rights,Leases,Rent,Security Deposits,Tenant Applicant Screening Fees,Key Money,Landlord's Lien,Cotenants,Lease Renewal,Lease Recording,Title,Adverse Possession,Options to Purchase,Lessor,Lessee,Lease


For discussion and forms relating to the tenancy in general, the rights and duties of landlords and tenants during a tenancy, and issues surrounding the termination of tenancies, see Chapter 332, Landlord and Tenant: The Tenancy.

For discussion and forms regarding eviction actions, including actions for unlawful detainer, see Chapter 333, Landlord and Tenant: Eviction Actions.

For discussion and forms regarding actions against a landlord or tenant for damages, see Chapter 334, Landlord and Tenant: Claims for Damages.

For discussion and forms relating to rent control, see Chapter 335, Landlord and Tenant: Rent Control.

For discussion and forms regarding mobile home tenancies, see Chapter 369, Mobilehomes and Mobilehome Parks.


For memoranda of points and authorities relating to landlord-tenant matters, see California Points & Authorities (Matthew Bender), Chapter 141, Landlord and Tenant.

For forms related to leases, see California Legal Forms Transaction Guide (Matthew Bender), Chapter 34B, Residential Leases; Chapter 34C, Retail, Industrial, and Office Leases; Chapter 35A, Assignment and Sublease of Leasehold Interests; and Chapter 35B, Modification and Termination of Leases.

For discussion of the creation of tenancies, see California Real Estate Law & Practice (Matthew Bender), Part 3, Landlord & Tenant, Division 1, Creation of Tenancies (Chapters 150-155).
If you are interested in obtaining a® ID and Password, please contact us at 1-(800)-227-4908 or visit us at
Search Documents
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

LexisNexis Store
Research Now - Go to
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities