Periodic Tenancy Flashcards
A PT continues for _______ ______ until L or T gives proper . . .
Successive Intervals
Until L or T gives proper notice to terminate.
What language would create a PT? L conveys to T . . .
For month-to-month, y-to-t, w-to-w, etc.
Can a PT arise by implication?
Yes
What are the three ways in which a PT can arise by implication?
Land is leased with no mention of duration, but a provision is made for set intervals
An oral term of years greater than one year (why? violates Statute of Frauds and becomes an implied PT)
The holdover: If L elects to hold over a T who has wrongfully stayed on past the conclusion of the original lease.
T rents an apt from L, beginning June 1. Nothing is said about duration. T pays rent each month. What type of tenancy?
An implied m-to-m periodic tenancy
L and T negotiate on the phone for a commercial lease. They orally agree on a 5-year lease with rent at $1k/month. The agreement is never reduced to writing.
What type of tenancy? When is it created?
Implied periodic tenancy.
Created when T sends first rent check.
T holds over after the expiration of her 1-year lease, but sends another month’s rent to L, who cashes the check. What tenancy now?
Implied m-to-m periodic tenancy.
How does one terminate a periodic tenancy?
Written notice.
How much notice is required (at CL) to terminate a PT? Exception?
At least equal to the length of the period itself, UNLESS otherwise agreed.
Exception is then in a year-to-year PT, 6 months notice is required.
Can parties, by private agreement, change the notice period?
Yes
When does the PT end?
at the conclusion of the natural lease period.
L leased BA to T on Jan 1, 2011 for a PT of m-to-m. On May 15, 2011, T sends written notice of termination. T is bound until . . .
June 30th.
