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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Flanagan v. Lazerine, 175 Mo. App. 188 (1913)

Citation
Flanagan v. Lazerine, 175 Mo. App. 188 (1913)
Parent Document
Flanagan v. Lazerine, 175 Mo. App. 188 (1913)
Jurisdiction
Missouri (state)
Effective Date
1913-06-03

Full Text

1,520 chars
There can be no doubt that the relation of landlord and tenant existed between these parties until November first under the original lettiag, at the agreed rental of $150 per month. As the letting was from month to month, this tenancy pertaining to tenements in a city could, in the absence of an agreement of the parties to that effect, be terminated only by plaintiff giving to defendant one month’s notice in writing requiring him to remove therefrom. [Sec. 7883, R. S. 1909.] ITad the notice given by plaintiff and served on defendant September 21st been absolute and positive in its terms and without qualification, there can be no doubt that it would have operated to terminate the relation of landlord and tenant as intended, but it was wholly ineffective because of the alternative proposition above -set out. In an early case, Lord Mansfield declared that a notice to quit, served by the landlord on his tenant, which contained as well an alternative offer of a new bargain, to be insufficient. [Sea Doe v. Jackson, 1 Doug. 175.] Touching the sufficiency of such notice and respecting its contents as to a positive demand for *193possession, and without more, Mr. Taylor, in his work on Landlord and Tenant (7 Ed.), sec. 483, says, “The notice must be explicit and positive; ... it must require the tenant to remove from the premises. It should not, therefore, in any case, give the tenant the mere option of leaving the premises, or require him to enter into a new contract on certain conditions, or the like.”