State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- Citation
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- Parent Document
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- Jurisdiction
- Montana (state)
- Effective Date
- 1946-06-28
Other Sections in This Document (41)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- State Ex Rel. Needham v. Justice Court Ex Rel. Township of Silver Bow, 171 P.2d 351 (1946)
- Section 8695
- Section 8695
- Section 8695
- Section 8695
- Section 8695
- Section 8695
- Section 8695
- Section 8695
Full Text
1,714 charsFirst relator complains that on May 31, 1946 the justice court "entered its judgment for treble the amount of the rent found due for the month beginning February 15, 1946 before, any unlawful detainer could possibly have arisen.” This complaint is without merit. The relator entered into possession of the offices under a verbal agreement to pay $100 per month in advance as rent therefor. Thereafter and without any new agreement the relator held over for a considerable period of time paying to the landlords on or before the 15th day of each month the rent money in the amount of $100. This arrangement constituted relator a tenant from month to month. Herzog v. Texas Company, 88 Mont. 580, at page 585, 294 Pac. 962, at page 962; Mahoney v. Lester, Mont., 168 Pac. (2d) 339; Chapter 48, page 113, Laws of 1931. The general rule is that a tenant holding by a verbal letting for an indefinite term at a monthly rental becomes a tenant from month to month. As is said in 3 Thompson on Real Property, Perm. Ed., p. 51: "Where a person rents premises at a certain rate per month and holds over for several months, paying the same rent without any new arrangement, he becomes a tenant from month to month.” Again at page 55 the same authority says: "A mere current lease at a monthly rental in advance, subject to be terminated at any time by nonpayment of the agreed rent or violation of other conditions does not convey to the lessee an ‘estate’ of any kind in the land, though it does give the lessee an interest therein. A tenancy from month to month is not a continuing right of possession; but as in the case of a tenancy from year to year, it is taken to end and recommence at the expiration of every month.”