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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

J. W. Reccius & Bro. v. Columbia Finance & Trust Co., 120 Ky. 478 (1905)

Citation
J. W. Reccius & Bro. v. Columbia Finance & Trust Co., 120 Ky. 478 (1905)
Parent Document
J. W. Reccius & Bro. v. Columbia Finance & Trust Co., 120 Ky. 478 (1905)
Jurisdiction
Kentucky (state)
Effective Date
1905-05-12

Full Text

2,242 chars
Counsel for appellant inquire to what state of case can sec. 2326 be applied, in view of secs. 2295 and 2296, if not to the one presented at bar? It will be observed that secs. 2295 and 2296 deal alone with tenancies by sufferance, and of those only that arise upon determination of a tenancy by contract for fixed and definite periods. Prom the definition heretofore given of tenancies by sufferance in general, it is obvious that there may be still another class of such tenancies where they arise by operation of law by the termination or expiration of an uncertain term; as, for example, a tenancy per autre vie, or a tenancy terminable upon the happening of a condition or other contingency — as where the tenant holds over after the death of the person for whose life he held, or holds after the happening of the contingency or condition by which his term is ended. In the class of cases last illustrated sec. 2326 would apply. But-we are clearly of opinion that the tenancy in this case was neither a tenancy by sufferance nor a tenancy at will. The duration of the term was certain; that is, the term was for one month. The fact that a lease for a fixed period gives to. the lessee an option of renewal will not affect its character as a lease for a fixed period. (Jones v. Kroll, 116 Pa., 85, 8 Atl., 857; Munson v. Wray, 7 Blackf. (Ind.), 403; Myers v. Kingston Coal Co., 126 Pa., 582, 17 Atl., 891.) The parties, of course, have the right to provide that the option should itself be subject to condition — such as *483that it should not he exercised if the lessor gave notice for an agreed length of time that the tenancy was to cease. The only reason, therefore, that notice was required at all in this case was because the parties had agreed so. The Legislature has seen fit to provide in sec. 2326 that a tenancy at will or by sufferance might be terminated by the landlord giving one month’s notice in writing. It has not 'been required in any other instance. Except for that legislative provision, the notice would not have to* be in writing. At the common law, notice to a tenant to quit, unless otherwise stipulated by the agreement of the parties, was sufficient if verbal. (Haley v. Hickman’s Heirs, Litt. Sel. Cas., 266.)