Which option describes how a tenancy can be created by implication of law after a fixed term ends?

• A. Express terms only.
• B. By implication of law after the fixed term ends and rent is accepted.
• C. By court order.
• D. By mutual agreement of the parties.

Answer: (B)

When a fixed-term lease ends and the tenant stays on while the landlord continues to accept rent, a tenancy is created by operation of law. This is an implied tenancy that arises from the parties’ actions, not from a new written agreement. The key idea is that the landlord’s acceptance of rent after the term ends signals consent to continue the tenancy, even though there wasn’t a new contract.

This differs from purely express terms, which would require a new written agreement to define the tenancy. It also isn’t about a court order or a new mutual agreement; those would involve explicit action or an agreement, whereas the holdover situation creates the tenancy implicitly through conduct.