How can a periodic tenancy be created?

• A. Only the express terms of the lease.
• B. Express terms, or by implication of law.
• C. Only by implication of law.
• D. By the landlord's unilateral decision.

Answer: (B)

A periodic tenancy can arise either from what the lease explicitly says or from the conduct and legal implications of the parties’ relationship. If the lease includes express terms that convert the tenancy to a periodic one (for example, a term stating it will become a month‑to‑month tenancy after the initial term), that creates the periodic tenancy directly. It can also be created by implication of law when the fixed term ends but the tenant remains in possession and continues paying rent, with the landlord accepting those payments. That conduct—continuing possession and rent without a new written agreement—signals an ongoing, repeating tenancy, even though there wasn’t an explicit clause specifying the period. It isn’t enough for the landlord to simply decide unilaterally that a periodic tenancy exists; there must be either an express provision or an implied arrangement supported by the parties’ actions.