If renewal offered but tenant does not sign and returns and moves out but pays rent after end date and landlord accepts, which tenancy is it?

• A. Month-to-month or periodic tenancy.
• B. Fixed-term tenancy.
• C. Tenancy at will.
• D. Subletting to another party.

Answer: (A)

When there’s no signed renewal to replace the original fixed term, the moment the tenancy continues beyond the end date and the landlord accepts the rent, a periodic tenancy is created. The period of that tenancy runs according to how often the rent is paid—most commonly a month-to-month arrangement if rent is paid monthly. So, even though the renewal wasn’t signed, the ongoing occupancy with regular rent payments accepted by the landlord keeps the tenancy alive on a repeating basis, rather than restoring a new fixed term. This isn’t tenancy at will, because there is a defined rent payment pattern and the landlord has shown consent by accepting the payments. It isn’t subletting, since the original tenant remains in possession.