Also known as: periodic tenants · periodic tenancy · month-to-month tenant · tenancy from period to period
Written by attorneys · grounded in primary & secondary sources — see below
A tenant holding a leasehold estate that continues from one rental period to the next until one party gives timely notice of termination at the end of a period.
Preston Pratt orally agreed with Premier Manufacturing to occupy a warehouse for one year but the agreement lacked a signed writing required by the Statute of Frauds. Preston took possession and paid monthly rent that Premier accepted without reservation. Because possession was taken and rent was paid and accepted under the invalid lease, a month-to-month periodic tenancy arose with all lease terms except duration.
Paula Pierce occupied an apartment under a month-to-month periodic tenancy. After she complained to housing authorities about code violations, the landlord served a notice to quit. Because the tenancy renewed automatically each month until proper notice, the landlord could not terminate without satisfying the statutory notice period tied to the rental interval.
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Possession taken together with payment and acceptance of rent as provided under the lease creates a periodic tenancy with all terms of the lease except duration.
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One month's notice given in advance of the end of a rental period is required to terminate the tenancy at the close of that period.
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A periodic tenancy continues from period to period and requires advance notice timed to the end of a period, whereas a tenancy at will may be terminated by either party at any time without regard to rental periods.
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Yes. Continued possession with monthly rent payments accepted without objection for multiple months creates a month-to-month periodic tenancy requiring statutory notice before termination.
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…decisions holding that a private landlord was not required, under the District of Columbia Code, to give a reason for evicting a month-to-month tenant and was free to do so for any reason or for no reason at all.[^maj-4] The court acknowledged that the landlord's right to terminate a tenancy is not absolute, but felt that any limitation…