Tess occupied an apartment in a building owned by Len. She paid rent of $125 in advance each month. During the second month of occupancy, Tess organized the tenants in the building as a tenants' association and the association made demands of Len concerning certain repairs and improvements the tenants wanted. When Tess tendered rent for the third month, Len notified her that rent for the fourth and subsequent months would be $200 per month. Tess protested and pointed out that all other tenants paid rent of $125 per month. Thereupon, Len gave the required statutory notice that the tenancy was being terminated at the end of the third month. By an appropriate proceeding, Tess contests Len's right to terminate. If Tess succeeds, it will be because
a periodic tenancy was created by implication. the doctrine prohibiting retaliatory eviction is part of the law of the jurisdiction. the $200 rent demanded violates the agreement implied by the rate charged to other tenants. the law implies a term of one year in the absence of any express agreement
Question: Tess occupied an apartment in a building owned by Len. She paid rent of $125 in advance each month. During the second month of occupancy, Tess organized the tenants in the building as a tenants' association and the association made demands of Len concerning certain repairs and improvements the tenants wanted. When Tess tendered rent for the third month, Len notified her that rent for the fourth and subsequent months would be $200 per month. Tess protested and pointed out that all other tenants paid rent of $125 per month. Thereupon, Len gave the required statutory notice that the tenancy was being terminated at the end of the third month. By an appropriate proceeding, Tess contests Len's right to terminate. If Tess succeeds, it will be because
A. a periodic tenancy was created by implication.
B. the doctrine prohibiting retaliatory eviction is part of the law of the jurisdiction.
C. the $200 rent demanded violates the agreement implied by the rate charged to other tenants.
D. the law implies a term of one year in the absence of any express agreement
Answer: