The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-12-26
POPULAR talks ON LAW
LANpLoRo ANp TENAMTs.

OF a Lease.
Where there is nothing stated as
10 who is to have the Option on ths
exten Gon or renewal. the Jaw re-
CARDS the provision as tor the benefit
Of she tenant, and he. and not tho
landlord, is entitled to exercise the
option.
II by the words used landlord |
agrees to renew ths lease at the end
of the term. it is clear that the tenans
has the option.
In order 10 entltle a Lessee TO To-
newal, he must have performed ,ae
conditions on his part to be per-
formed, as for instance. the payment
Of rent when due.
Where the agreement is that at the
end OF tho tenn the landlord will sise
renewal. the tenant is entitled 70
new lease on exactly the same terms
as the old oDs excepting as to the
stipulation for renewal
It the agreement is for renewal
On the tenant giving a certain notice,
ne must strictly comply with the con-
rition or he viii lose his right.
Where a lease gives the lessor tho
right to elect at the end OF the term
whether OF not to renew the leaso,
such election may be made ON or be-
fore the last day Of the term.
Notice Of : landlords election 70 ~
new the lease need not be in writing
unless the lease SO stipulated, so long
as the leaseSitself contains all the
terms and conditions Of the renew,
and the tenant is q, possession.
1t is not necessary as rule for tho
lessor to tender TO the lessee a new
lease.
Where tho tenant Is to ciect lie
should do so on OF before the last
day of the term. and it would be well
FOR him TO have lease prepared VA
present it to the landlord for his sog-
nature.
An agreement in a lease for The ez.
tension of the term does not reqri 9
the making OF a new lease at the ex-
piration Of the old.
A tenant is nos required to give
any notiee of his decision to taNe
renewal unless the leese so stipulates.
The right TO a renewal or an ox-
tension passes with the lease to any
person to whom the lessee's interests
may be rightfully transferred; SO any
one who purchases land after leass
has been made, is as much bound by
The agreement for a renewal or ex.
tention as is Tho original lessor.
a court of equity will enforce speci-
nc performance OF contract to re-
new or extend the term. or the tenast
may proceed at law for damages sas
tained BY a refusal Of the landlord 10
relew the lease. In other words the
tenant has the right TO choc-e whsth-
CT he will proceed at law for damages
or in equity for specific performance.
A general covenant to renew does
not imply the right to a perpetual re-
nowal. and under such conditions ;ro
I landlord cannot be compelled to re.
: new the lease more than once. Who're
the words were this lease TO be re-
Movable at The pleasure Of the lessee
q Pennsylvania court keld that it In
pliad the right to reiewal for at least
another term on the same conditions
at tho pleasure Of the lessee
A provision In a lease that unless
three months notice OF an intentioy
to terminate it is given, it shall con
tinue in force for another term o.
one year, and so on indefinitely, sucl
notice to be given three months be-
fore the termination OF any one year
il was held that the contract did 10
/, constitute a covenant for renewal, hu
y tnat upon the failure to give sucl
notice the lease would continue IL
operation.
Where the lessee, for a term OF on
/, year with the privilege Of having ssm'
, for three years at the same rata.
. covenants that at The end Of said tern
he would deliver up quiet possession
OF the premises, and he continued il
possession after the close OF the hrs
/, year, the court adjndged that be wa
/, held for the full term Of three years
A New York case declares that IL
lease provides for 4 renewal and n
notice is required TO be given an
the tenant continues in possession
3, after the expiration OF the term OF IA
vi old lease, this is equivalent 70 al
v election to take a further lease aa
D entities the tenant to hold the pre-
=. misses and demand new lease.
Where the lease provides that thar
Al shall be a right Of renewal on sue
terms as may be agreed upon By th
:, parties. it is implied that the leas
n shall be at the same rent and IA
th the same time, and the agreemen
e is valid
|. Where the landlord agrees in th
! ore OF them takes the renewal in al
A. lease TO other parties he win give III