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Under California law, what is the key legal difference between a periodic tenancy and a tenancy at will?

Correct Answer

B) A periodic tenancy automatically renews for successive periods until properly terminated, while a tenancy at will can be terminated by either party at any time with proper notice

Under California law, a periodic tenancy (such as month-to-month) automatically renews at the end of each period and continues until either party provides proper notice to terminate. A tenancy at will has no fixed term or renewal period and can be terminated by either party at any time with appropriate notice under California Civil Code §789.

Answer Options
A
A periodic tenancy requires a written lease, while a tenancy at will is always oral
B
A periodic tenancy automatically renews for successive periods until properly terminated, while a tenancy at will can be terminated by either party at any time with proper notice
C
A periodic tenancy has no rent obligation, while a tenancy at will requires monthly rent payments
D
A periodic tenancy is used only for commercial properties, while a tenancy at will is for residential properties

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Related Topics & Key Terms

Key Terms:

periodic_tenancytenancy_at_willlease_typesdefinition

Related Concepts

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

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