Where there is an instrument of tenancy such as a written agreement with reference to which possession is taken or retained, the yearly tenancy implied by law is deemed to be upon such of the terms of the instrument as are applicable to a yearly tenancy. Thus, upon an entry under an agreement for a lease, followed by payment of rent, the tenant becomes a yearly tenant upon such terms of the agreement as are consistent with that tenancy1; and the agreement so far controls the implied tenancy that the tenancy ceases without notice to quit at the end
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