203. Tenancy from year to year by presumption of law.

The old common law presumption of a yearly or other periodic tenancy arising by entry upon premises with payment of rent by reference to a yearly holding or other period seldom now arises1. The fundamental question in each case is with what intent the rent was received and what was the real intention of both parties2. It is unclear whether subjective evidence of the intention of the parties is admissible in determining this question3.

If one party permits another to enter into4 or remain in possession of5 his land upon payment of rent6 with reference to a yearly holding, failing