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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pack v. Feuchtenberger, 22 S.W.2d 914 (1929)

Citation
Pack v. Feuchtenberger, 22 S.W.2d 914 (1929)
Parent Document
Pack v. Feuchtenberger, 22 S.W.2d 914 (1929)
Jurisdiction
Kentucky (state)
Effective Date
1929-06-14

Full Text

1,273 chars
The latter is a letting for a fixed definite term, that is, for one month. Under the Statutes, sec. 2296, where a tenant has a lease for less than a year terminable on a certain day, it is his duty to surrender the premises on that day, and no notice is necessary in order for the landlord to recover possession of the premises. The reason for this is obvious, since the day of the termination of the lease is known by both the landlord and the tenant, and each can govern himself accordingly. Where, however, the lease is from month to month, a notice of the election to terminate the lease is necessary. Tiffany, Landlord and Tenant, sec. 14c; 35 C. J. 1116. The reason for this rule» is equally obvious since a lease from month to month is a lease for an indeterminate period with monthly rental reserved. Tiffany, Landlord and Tenant, sec. 14c; 35 C. J. 1106. And in order that the parties to the lease may fairly govern themselves, it is necessary that each should have some notice when the other intends to bring the lease to an end. Therefore, where the lease is from month to month, a month’s notice to terminate the lease is necessary. 35 C. J. 1116; Tiffany, Landlord and Tenant, secs. 14c, 196c. The case of J. W. Reccius & Bros. v. Columbia Finance & Trust *271