Also known as: periodic tenancy · tenancy from period-to-period
Written by attorneys · grounded in primary & secondary sources — see below
A tenancy that automatically continues for successive periods unless one party provides timely notice of termination at the end of a period. The arrangement arises when the parties agree to periodic rent payments without fixing a termination date. It renews at the end of each interval absent proper notice.
Tracy Torres orally agreed with Torchlight Media to occupy warehouse space for three years at monthly rent. No writing was executed. Tracy took possession and paid rent monthly for eighteen months, which Torchlight accepted. When Torchlight later sought to end the arrangement on short notice, the payments and acceptance established a month-to-month periodic tenancy requiring proper notice to terminate.
Tyler Taylor completed a six-month written lease with Terra Financial for office space. After expiration Tyler remained and paid monthly rent, which Terra accepted for nine months without objection. When Terra attempted immediate termination to relet at higher rent, the continued payments and acceptance converted the occupancy into a month-to-month periodic tenancy requiring statutory notice before termination.
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A tenancy from period to period automatically renews at the end of each rental interval unless timely notice is given. A tenancy at will can be terminated at any time by either party without regard to a fixed period. The distinction turns on whether periodic rent is reserved and accepted.
Notice equal to the length of the rental period must be given before the end of the current period. For a month-to-month tenancy this ordinarily means one full month's notice. Shorter notice is ineffective to end the tenancy.
Yes. When the parties agree to periodic rent without a fixed term and the tenant takes possession and pays rent that the landlord accepts, a periodic tenancy arises even though the underlying lease may be unenforceable under the statute of frauds. The arrangement is treated as month-to-month or week-to-week according to the rent interval.
Yes. When a tenant remains in possession after a fixed term and the landlord accepts monthly rent without reservation, the law treats the holdover as a periodic month-to-month tenancy. The original lease terms control only to the extent they are consistent with the new periodic arrangement.