The modern law of landlords and tenants in the common law retains the influence of the Common Law and in particular the philosophy of laissez-faire which, in the 19th century, dominated contractual and property rights. With the increase in consumerism, consumer protection laws have recognized that common law principles, which adopt the same bargaining power between contracting parties, cause difficulties when this assumption is inaccurate. For this reason, the reformers stressed the need to assess the right to rent in relation to the protection of tenants. Legislation on the protection of tenants has become commonplace. Therefore, the Common Law Lease did not treat as equivalent or equivalent to a common commercial contract, particularly with respect to whether a lease can be terminated on time, in the same way as a regular commercial agreement. Rent is a requirement for leases in some common law jurisdictions, but not in civil courts. In England and Wales, in Ashburn Anstalt/Arnold, it was found that rent was not a precondition for a tenancy agreement, but the court would more often use a licence that would not pay rent, as it was not seen as evidence of intent to establish legal relations. There is no obligation for the rent to be commercial; a peppercorn or rent of a certain nominal amount is sufficient for this requirement. Deprivation of rights is the obtaining of title to the property and is most often negotiated with the landlord when a tenant pays only a basic rent. At the time of the merger, the landlord and tenant are identical and can terminate a tenancy agreement if there are no subtenants in certain jurisdictions. If a tenancy agreement exists at the sole discretion of the lessor, the right of jurisdiction may mean that the tenant is granted a reciprocal right to terminate the tenancy agreement at his convenience. However, a tenancy agreement that exists expressly according to the tenant`s will (z.B.” “as long as the tenant wishes to live on this land”) does not, as a general rule, mean that the lessor can terminate the tenancy agreement; On the contrary, such a language can be interpreted as granting the tenant a property or even a simple fee. A fixed-term lease automatically ends when the fixed term expires or, in the case of a lease agreement ending with the arrival of an event when the event occurs.
If a tenant stays on the property after the termination of the tenancy agreement, he or she can become a tenant because the landlord has kept (or approved) the tenant instead of distributing it. Such a tenancy agreement is generally “at will”, i.e. the tenant or landlord can terminate it at any time with a corresponding legal termination.