Milford chronicle., 1905-10-27
POPULAR TALKS ON Law.
Landlord and Tenant.

NO T. - TIE ExTESsIoN OR RENEWAL OF A
LEASH.
Where there is nothing stated as to who is
to have the option on the extension or re
newal, the law regards The provision as for
the beBedt Of the tenant, and he, and not the
landlord. is entitled to exercise the option.
If by the words used a landlord agrees te re-
new the lease at the end Of the term,it is clear
that the tenant has the option.
In order to entitle a lessee to a renewal, he
must have performed the conditions on his
part to be performed,as for instance, the pay
ment Of rent when due.
Where the agreement is that at the end Of
the term the landlord will give renewal, the
tenant is entitled to a new lease on exactly
the same terms as the old one excepting as to
the stipulation for renewal.
Ifthe agreement is for a renewal on the ten
ant giving a certain notice, he must strictly
comply with the condition or he Will lose his
right.
Where a lease gives the lessor the right TO
elect at the end Of the term whether or not to
renew the lease, such election may be made
on or before the last day OF the term.
Notice Of a landlords election to renew the
lease need not be in writing unless the lease
so stipulated, so long as the lease itself con-
tains all the terms and conditions the re-
newal and the tenant is in possession.
It is not necessary as rule for the lessor to
tender to the lessee new lease.
Where the tenant is to elect he should do
so on or before the last day Of the term and it
would be well for him to have lease prepared
and present it to the landlord for his sigma
ture.
An agreement in a lease for the extension
Of the term does not require the making OF
new lease at the expiration OF the old
A tenant is not required to give any notice
of his decision 10 take renewal unless the
lease so stipulates.
The right to a renewal or an extension
passes with the lease to any person 70 whom
the lessee's interests may be rightfuily trans
ferred; so any one who purchases land after
a lease has been made, is as much bound by
the agreement for renewal or extension as
is the originaIlessor
A court of equity will enforce specific per-
formance of contract to renew or extend the
term, or, the tenant may proceed at law for
damages sustained by a refusal of the land
lord to renew the lease In other words, the
tenant has a right to choose whether he will
proceed at law for damages orin equity for
specific performance.
A general YOveBant to renew does not i'm
ply the right to a perpetual renewal, and un-
der such conditions the landlord cannot be
ompelled to renewthe lease more than once.
Where the words were "this lease to be re.
newable at the pleasure of the lessee a Penn
sylvania court held that it Implied the right
to renewal for at least another term on the
same conditions, at the pleasure ofthe lessee.
provision in a lease that unless three
months notice Of an Intention to terminate
it is given, it shall continue in force for an
other term Of one year,and so on indefinitely,
such notice to be given three months before
the termination of any one year, 1t was held
that the contract did not constitute cove
nant for renewal, but that upon the failure to
give such notice the lease would continue in
operation.
Where tie lessee, "for a term Of one year
with the privilege Of having same for three
years at the same rate,1 covenants that at the
end Of said term he would deliver up quiet