So, what happens if a tenant stays in a common law lease at the end of the temporary life? Section 5 does not apply as it is not an ASA. Whether you periodically continue the lease or insist on a new fixed term really depends on what you want and what is best under the circumstances. It is less than 4 months from the beginning of the lease or the fixed term has not expired, unless there is a clause in the contract that allows you to do so Periodic rentals can run indefinitely, or until the tenant terminates, or the lessor sends a message to the tenant, who claims the property.. . .