Also known as: periodic tenancy · periodic lease
Written by attorneys · grounded in primary & secondary sources — see below
A leasehold estate that continues indefinitely from one rental period to the next unless terminated by proper notice at the end of a period. Possession taken under a lease invalid under the statute of frauds combined with payment and acceptance of rent creates such a tenancy carrying over all lease terms except duration.
Perry Pratt orally agreed with Pacific Bank to lease warehouse space for three years at a fixed monthly rent. No writing was signed. Perry took exclusive possession and paid the monthly rent, which the bank accepted for fourteen months. When the bank later demanded immediate vacation, Perry remained because the arrangement had ripened into a periodic tenancy requiring notice equal to the rental period.
Phoebe Park signed a written six-month lease with Precision Tools for a workshop bay. After the term ended Phoebe stayed and paid monthly rent, which Precision accepted for eight months without objection. When Precision attempted to end the occupancy without notice, Phoebe continued in possession because the monthly payments and acceptance had created a periodic month-to-month tenancy.
Select any source to read its text and confirm it supports the definition.
Proper notice must be given at the end of a rental period equal in length to the period itself. For a month-to-month tenancy one month's notice is ordinarily required.
Supporting sources
A periodic tenancy renews automatically from period to period and requires notice to end at the close of a period. A tenancy at will may be terminated at any time by either party without regard to a fixed interval.
Supporting sources
Yes. When a tenant remains in possession after a fixed term and the landlord accepts monthly rent without reservation, a periodic month-to-month tenancy arises by operation of law.
Supporting sources
Yes. Although the lease itself is unenforceable for the stated term under the statute of frauds, taking possession and paying rent that the landlord accepts creates a periodic tenancy measured by the rent interval.
Supporting sources