Also known as: periodic tenancies · periodic lease · month-to-month tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A leasehold estate that continues automatically for successive periods of fixed duration until one party gives proper notice of termination. The period is typically measured by the interval at which rent is reserved or paid, such as month to month. All other lease terms carry forward from one period to the next unless the parties agree otherwise.
Piper Patel orally agreed with Pioneer Energy to occupy a warehouse for two years at a monthly rent of $4,000. The agreement was never reduced to writing. Piper took possession and paid the rent for six months. When Pioneer later sought to end the arrangement without notice, a court held that the payment and acceptance of monthly rent converted the invalid lease into a month-to-month periodic tenancy.
Philip Powell emailed Prism Analytics offering office space for $3,500 per month with no end date stated. Prism moved in and paid rent monthly for nine months. When Prism announced plans to leave mid-month, the landlord insisted on a full additional month. The arrangement formed a month-to-month periodic tenancy that continued until proper notice aligned with the end of a rental period.
Select any source to read its text and confirm it supports the definition.
Pavel Petrov verbally allowed Pierce Patterson to use a retail storefront in exchange for fixed weekly rent with no termination date mentioned. Pierce paid weekly for over a year. When Pavel attempted to reclaim the space on two days' notice, the court treated the relationship as a week-to-week periodic tenancy that required notice equal to one full rental period before termination.
When parties agree to pay rent at regular intervals without fixing an end date and the tenant takes possession, the law implies a periodic tenancy measured by the rental interval. Monthly payments create a month-to-month tenancy. This rule appears in multiple exam questions testing the distinction from a tenancy at will or term of years.
One month's notice is generally required, timed to end at the conclusion of a rental period. The notice must be given before the start of the final period. Exam questions emphasize that the notice length equals the rental period and that failure to give proper notice allows the tenancy to renew automatically.
A tenancy for years has a definite beginning and ending date fixed at creation and ends automatically without notice. A periodic tenancy has no fixed end date and continues indefinitely until proper notice is given. Multiple-choice questions test this distinction by presenting agreements that lack a termination date yet reserve periodic rent.
Yes. When the tenant takes possession and the landlord accepts periodic rent under the invalid lease, a periodic tenancy arises with all lease terms except duration. The Restatement provision directly supports this outcome and is the basis for the first priority anchor.
…1987. A lease agreement was executed between the parties on that date for the unit located at 677 Eastwood Avenue. It was for a month-to-month tenancy commencing May 1, 1987 at a rent of $325 per month. Complainants also paid respondent a security deposit of $150 for which a receipt was given. Complainant Randall signed the lease…