A tenant in Long Beach, California has a one-year lease that is about to expire. The landlord does not offer a renewal, and the tenant continues to occupy the unit and pay rent, which the landlord accepts. Under California law, what type of tenancy has been created?
Correct Answer
A) A month-to-month periodic tenancy at the same rent and terms
Under California Civil Code §1945, when a tenant continues in possession after the expiration of a lease and the landlord accepts rent, a month-to-month periodic tenancy is created on the same terms and conditions as the expired lease. This is the default holdover rule in California.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.
An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.
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