In Victoria, a fixed-term lease expires and the tenant remains in the property with the landlord's consent but no new agreement is signed. What type of tenancy is created?
Correct Answer
A) A month-to-month periodic agreement on the same terms
Under Victorian residential tenancy law, when a fixed-term lease expires and the tenant continues with the landlord's consent, a month-to-month periodic tenancy is automatically created. This provides ongoing legal protection for both parties under the same terms as the original lease.
Why This Is the Correct Answer
Under the Residential Tenancies Act 1997 (Vic), when a fixed-term agreement ends and the renter stays on with the rental provider's consent and no new agreement is made, the agreement continues as a month-to-month periodic agreement on the same terms.
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A Toowoomba tenant's fixed-term lease expires, and she stays on with the landlord's consent without signing a new lease. What type of tenancy now exists?
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