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Flashcards in Periodic Tenancy Deck (12):
1

A PT continues for _______ ______ until L or T gives proper . . .

Successive Intervals

Until L or T gives proper notice to terminate.

2

What language would create a PT? L conveys to T . . .

For month-to-month, y-to-t, w-to-w, etc.

3

Can a PT arise by implication?

Yes

4

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.

5

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

6

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.

7

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.

8

How does one terminate a periodic tenancy?

Written notice.

9

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.

10

Can parties, by private agreement, change the notice period?

Yes

11

When does the PT end?

at the conclusion of the natural lease period.

12

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.