Legal Definitions - statutory tenant

A statutory tenant is an individual who continues to occupy a property after their original contractual lease agreement has expired, but whose right to remain is protected by specific laws or statutes, rather than by a new or renewed lease agreement with the landlord. In essence, their tenancy is maintained by operation of law, even though the contractual basis for their occupancy has ended.

• Example 1: Rent-Controlled Apartment

  Imagine a tenant who has lived in the same apartment for 30 years in a city with strict rent control laws. Their original 1-year lease agreement expired decades ago. Although there is no current written lease contract between the tenant and the landlord, the local rent control ordinance prevents the landlord from evicting the tenant without specific legal cause (like non-payment of rent or property damage) and limits how much the rent can be increased. In this scenario, the tenant is a statutory tenant because their right to continue occupying the apartment stems directly from the rent control statute, not from an ongoing contractual agreement.

• Example 2: Building Conversion Protections

  Consider a situation where a developer purchases an apartment building with the intention of converting it into condominiums. A state law, however, provides specific protections for existing tenants in such conversions, allowing them to remain in their units for a set period (e.g., two years) or offering them the right to purchase their unit at a discounted price, even if their individual leases have expired or are about to expire. During this protected period, these tenants are considered statutory tenants. Their continued occupancy is not based on a new lease with the developer, but on the rights granted to them by the state's conversion protection statute.

• Example 3: Succession Rights in Public Housing

  A son has lived with his elderly mother in a public housing apartment for many years. The lease was solely in the mother's name. Upon the mother's passing, the public housing authority's regulations, which are based on federal and state statutes, allow for "succession rights" under certain conditions (e.g., the son was a documented household member, met income requirements, and had no other suitable housing). Even though the son was not the original leaseholder and no new lease has been signed with him, he can continue to reside in the apartment as a statutory tenant because the law grants him the right to succeed to the tenancy.