Also known as: periodic estate · tenancy from period to period · periodic tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A nonfreehold estate that continues for successive periods of a year or a fraction of a year unless terminated by proper notice. The estate renews automatically at the end of each period absent timely termination and carries forward the other terms of any underlying agreement except its duration.
Eugene Ellsworth's six-month lease for warehouse space expired. He remained in possession and began sending monthly rent checks to the owner. The owner cashed the checks for seven straight months without objection. When the owner later tried to evict Eugene immediately to accommodate a new tenant, the court held that an estate from period to period had arisen, requiring statutory notice before termination.
Eric Espinoza orally agreed with Eclipse Manufacturing to occupy a loading dock for ten years at a fixed monthly rent. No writing was signed. Eric took exclusive possession, installed permanent cranes and reinforced flooring tailored to the dock, and paid rent for two years that Eclipse accepted. When Eclipse later sought to end the deal on short notice, the court enforced the full ten-year term because the parties' substantial performance created an enforceable lease.
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An estate from period to period continues automatically for successive periods until one party gives proper notice at the end of a period. An estate at will can be terminated by either party at any time without regard to a fixed period.
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Taking possession and paying rent that the landlord accepts creates a periodic tenancy measured by the rent interval. Substantial performance clearly referable to the lease terms can make the full agreement enforceable.
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Extended acceptance of monthly rent without reservation or objection supports creation of a periodic tenancy that continues from month to month until proper notice is given. The original lease's silence on holdover and the parties' course of conduct control the result.
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Notice equal to the length of the rental period must be given before the end of a period. For a month-to-month estate, one month's notice is typically required.
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