Otey v. Wiley, 519 S.W.3d 515 (2017)

Citation: Otey v. Wiley, 519 S.W.3d 515 (2017)
Parent Document: Otey v. Wiley, 519 S.W.3d 515 (2017)
Jurisdiction: Missouri (state)
Effective Date: 2017-05-23
Original Source: https://www.courtlistener.com/opinion/5448375/otey-v-wiley/ ↗

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If a landlord rents or leases his real estate to a tenant who goes into possession under the terms of the letting, and afterwards the landlord conveys the land, the grantee knowing of the tenancy and the possession of the tenant, and the latter, knowing of the sale, continues to occupy the premises under the tenancy, the relation of landlord and tenant is thereby continued between the grantee and the tenant; and, unless the facts of the case show that such tenant repudiated the tenancy under the grantee, his continued occupancy will raise the presumption that it is under the tenancy. The grantee’s warranty deed received from his grantor operated as an assignment of whatever right the grantor had as landlord in the letting, and, if the tenant continues to occupy under the tenancy, the grantee may maintain his action for the rent under the original letting by the grantor.

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