Milford chronicle., 1905-09-29
POPULAR TALKS ON LAW.
Landlord and Tenant.
NO. 6, - the DURATION OF THE TENANTS
TERM.

NO - THE DURATION OF THE TENANTS
TERM.
It is usual 10 st4pulate in the lease or rental
agreement the time v hen the tenants occu-
paney of the premises is to terminate. FIRE.
quently The length OF the ter n is stipulated,
with provision added to the effect that the
term may be renewed or the premises re-
tained by the tenant for certain time longer,
at his option.
But there are cases where the term is not
definitely stated, or where the provision in
the lease is not valid for the length Of time
agreed on. Ifthe length ofthe term is stip-
uated, and the stipulation is valid, little diff
fieultS can arise; but where the length of the
term is for any reason uncertain, questions
arise that frequently lead TO trouble between
the landlord and the tenant.
Where the length OF the term is not stated,
the intention Of the parties mast be deter
mihed by the conditions and circumstances
OF the case. The main factor going to deter
mine the intention of the parties is the man
ner In which the rent is payabl as II the
rent is so much week. or so much a month,
or so much year. the courts wOuld cOnstrue
the tenancy to be by the week, OF month, or
year, as the case may be. But IL has been
held that where the property is leased for
farming purposes, the presumption is that
the tenancy was for year at least. The rent
paying periods is not taken as conclusive ev-
dence OF the intentions Of the parties; il is
only taken as presumpttve,ard evidence may
be Introduces to show that the tenancy was
for "A greater or less period than as indicated
by the rent periods
The mere fact that the rent is payable
monthly, quarterly, yearly, does not control
In all cases. AS, where "A lease provides for
an annual rent, payable monthly,it is heldto
be tenancy from year TO year Permission
10 occupy " here no rent is reserved, is not
tel ancy from year TO year.
An agreement that a tenant may stay as
long as ne pays his rent. is beld to De void; |
such an agreement amounts 10 a tenancy |
from wear to year, or from month to month, /
according tothe reut-paying periods
1t is a general rule that every agreement as |
TO tr e duration Of tenancy must, in order TO 1
he binding, fl its termination, either by date !
or by some Circumstance other than the /
pleasure of the parties.
AS stated, the time of termination may be ]
stated in the alternative; that is, a certain
the tenant may occupy premises ultil they I
are sold is valid.
Frequently leases read to make the tenancy
for a fixed time, subject TO termination at
any time upon so many days notice. Such /
agreements are valid, but It should be under
stood here thai so many days, weeks, or
months notice in the lease meabs, so long
notice before the termination of one Of the
rent periods. So that IL the lease is by the
month. subject to termination at any time
on a weeks notice, this is implied to mean'a
notice given one week before the expirati'
of the moathly period. So that If the notic-
were given only two days before the end Of
the month, The tenacy would not expire
seven days after the giving Of the notice, but
at he end OF The following month.
Much trouble has arisen over the mscon-
ception of the meaning of the expressions ,
weeks notice. "ten days notice." and so
On The meaning Is so many days. nOtice !
ending the last day Ofthe rent paying period.
or course there is nothing to prevent the
PARTIES from agreeing that on certain notice !
4 tenancy may expire at any time during !
month"; but such an intention should be J.
clearly expressed, by say ing, for instance,
hat If the notice expires in the middle of the
month, rent should be paid for the fractional
1ar. OF the month up to the date on which
he notice expires. {
tenancy does not expire until midnight :
# the last day of the term.
('rO be continued.)