New York Law (NYLE) Practice Exam

How is a periodic tenancy created?

1. Must be created by a lease

2. May be terminated by the tenant but not the landlord

3. Terminates when the tenant sublets with the landlord's consent

4. Is created if a tenant remains in possession after the lease ends and the landlord accepts rent

The correct answer is: Is created if a tenant remains in possession after the lease ends and the landlord accepts rent

A periodic tenancy is created when a tenant remains in possession of the property after an initial lease has ended, and the landlord accepts rent for the use of the property during that time. This acceptance of rent implies a mutual understanding that the tenancy continues under similar conditions, even if there isn't a formal written lease in place. The essence of a periodic tenancy is that it automatically renews at regular intervals (e.g., month-to-month or year-to-year) until either party decides to terminate it with appropriate notice. The other options do not accurately describe how a periodic tenancy is established. For instance, a periodic tenancy does not require a formal lease to be considered valid; it can arise from the actions of the parties involved, especially when rent is exchanged. Also, both the tenant and landlord have the ability to terminate the tenancy given the proper notice requirements are followed. Lastly, the aspect of subletting does not inherently affect the periodic nature of the tenancy; a tenant can still have a periodic tenancy even if they sublet, as long as the primary relationship with the landlord remains intact.