If the landlord accepts rent after expiration, what tenancy is created?

• A. A fixed term is created
• B. A month-to-month tenancy is created
• C. The original lease term is extended automatically
• D. The landlord loses the right to recover possession

Answer: (B)

When a landlord accepts rent after the lease term ends, a periodic tenancy is created, usually month-to-month. That acceptance signals the landlord’s permission for the tenant to stay beyond expiration, and the rental period becomes the interval used for payment—most commonly monthly if rent is paid monthly. A fixed term isn’t created because there’s no new written agreement specifying a term. The original lease doesn’t automatically extend; occupancy continues only as a periodic tenancy. The landlord does not lose the right to recover possession; he can terminate the periodic tenancy with proper notice and proceed with possession plans at the end of each period if needed.