[Read this glossary entry on atharkhan.com](https://atharkhan.com/glossary/tenancy-at-will/) A **tenancy at will** is an arrangement in which a property owner permits another person to occupy the property without an agreed fixed term, subject to the legal rules governing that arrangement. “At will” does not mean that the owner can immediately lock the occupant out. ## In California Family Law The classification matters when housing arrangements change during separation. An informal agreement or missing written [[Lease|lease]] does not automatically establish a tenancy at will. For example, [Civil Code section 1944](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1944.) supplies presumptions about the duration of an unspecified residential hiring, including a monthly rental arrangement. [Civil Code section 789](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=789.) addresses a landlord's termination of a tenancy or estate at will and provides for written notice of at least 30 days, served as specified by law. That provision should not be treated as a complete answer for every residential occupancy. [Civil Code section 1946](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.) addresses periodic hirings, while [section 1946.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.1.) provides different notice rules for covered residential terminations, including longer owner notice in some circumstances. Other applicable protections also need to be considered. Ending the right to occupy and physically recovering possession are separate steps. The [California Courts eviction guide](https://selfhelp.courts.ca.gov/eviction) explains that residential landlords must use the legal process rather than force a [[Tenant|tenant]] out by changing locks or shutting off utilities. ## Example After separation, Riley stays in a relative's vacant home under an informal arrangement. Whether that is a tenancy at will, a periodic tenancy, or another kind of occupancy depends on the agreement and facts. The description “you can stay for now” is not, by itself, a complete legal classification or permission for an immediate lockout.