The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1905-10-20

extension or renewal. the law regards
the provision as for the benefit of the
tenant, and be, and not the landlord.
is entitled to exercise the option.
II by the words used landlord
agrees TO renew the lease at the end
OF the term, it is clear that the tenant
has the option.
In order to entitie lessee to re-
newal. he must have performed the
conditions on his part to be performed
as for Instance, the payment of rem
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.
Ii the agreement is for a renewal
on the tenant giving a certain notice,
condition Or he will lose his right.
Whereia 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 be-
fore the last day of the term.
Notice Of landlords election to re-
new the lease need not be in writing
unless the lease so stipulated, so long
as the lease itself contains all the
terms and conditions Of the renewal
aud tho tenant is in possession.
1t Is uOt necessary as a rule for the
lessJr to tender to the lessee a new
lease.
Where the tenant is to elect he
should DO so On or before the last day
oil the term, and it would be well for
him to have lease prepared and
present it TO the landlord for his
signature.
An agreement in lease for the
extension Of the term does not require
the making OF new lease at the ex-
piration OF the old.
A tenant Is not required to give any
notice of his decision to take renew
al unless the lease so stipulates.
The right to a renewal or an eXten-
sion passes with the lease to any
person to whom the lesse's interests
may be rightfully transferred; so any
one who purchases land after lease
has been made, is as much bound by
the agreement for renewal or extern
sion as Is the original lessor,
A court Of equit will enforce specific
performance or a contract to renew OF
extend the term, or, the tenant may
proceed at law for damages sustained
by a refusal of the landlord W renew
the lease. lin other words, the tenant
mas alright TO choose whether ne will
proceed at law for damages or in
equity FOR specific performance.
A general covenant to renew does
not imply the right to perpetual
renewal, and under such conditions
the landlord cannot be compelled to
renew the lease more than once.
Where the words were "this lease to
be renewable at the pleasure OF the
lesssee," Pennsylvania court held
that 1T implied the right to renewal
for at least another term on the same
conditions. at the pleasure of the
lessee.
three months notice of an intention
to terminate 1t Is given. 1t shall con-
tinue in force for another term of one
year, and so on indefinitely, such
notice to be given three months be-
fore the termination of any one year,
1t was held that the contract did not
constitute covenant for renewal,
but that upon the failure to give such
notice the lease would continue in
operation.
Where the lessee, ''for term Of one
year With the privilege OF having
same for three years at the same
rate" covenants that at the end or
SAID term he would deliver up quiet
possession OF the premises, and he
continued In possession after I'll e
close OF the first year, the court ad-
Judged that he was held for the full
term of three years. A New York
case declares that IL lease provides
for a renewal and no notice Is required
TO be given and the tenant continues
Ia possession after the expiration OF
the term of the old lease, this IS
equivalent toan election to take
further lease and entities the tenant
to hold tue premises and demand a
new lease.
Where the lease provides that the
shall be right of renewal on such
terms as may be az reed upon by the
parties, 1t Is implied that the lease
shall be at the same rent and for the
same time, and the agreement is
valid.
Where the landlord agrees In the
lease, that before granting another
lease to other parties he will give the
tenant the refusal of 1t, the tenant
cannot assign his right to another.
In most of the states the covenant
for perpetual will be enforced by
the courts. The right to a perpetual
will pass TO an assignee on
the sale OF the tenants interest. In
California 1t is held, however, that
covenant for lease to run Indefinite
Is, at the optiou OF the lessee, Is void
as being against the policy of the law.
Where there are several lessees and
aud one OF them takes the renewal 10
his own name pursuant TO the pro-
vision OF the former lease, he Is held |
by the courts to bold the lease as
trustee for the former lessees. 1t has
been held, too. that there Is no
covenant OF renewal and one OF the |
lessees obtains renewal In his own |
name secretly, the renewal insures to |
the benefit OF all, So that where an |
executor buys the renewal of a lease |
that ran to his testator. be must hold |
IL In trust for the estate. The same |
rule applies to any person occupying |
the relation OF trustee for another. A |
lessor need not give a renewal where |
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