The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1905-10-28
METROPOLITAN AND COLORADO CATHOLIC. OCT 1905

lessor to tender to the lessee d 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 10 have lease prepared and
present it to the landlord Tor his sig
nature.
An agreement in a lease for the ex-
tension 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 a re-
newal unless the lease so STIMULATES.
The right TO 4 renewal or an extern
sion masses with the lease to any per
son to whom the lessee's interests may
he rightfully transferred: so any one
who purchases land after a lease has
been made, is as much bound by the
agreement for a renewal or extension
as is the original lessor.
a court of equity viii enforce specific
performance of a contract to renew or
extend the term, or. the tenant may
proceed at law for damages sustained
by a refusal OF the landlord to renew
the lease In other words, the tenant
has a right to choose whether 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 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 lessee a PENNSYLVANIA
court held that it implied the right to
renewal for at least another term on
the same conditions, at the pleasure of
the lessee.
A provision in a lease that unless
three months notice of an intention to
terminate it is given. it shall continue
in force for another term of one year.
and so on indefinitely, such notice to
be given three months before the
termination Of any one year, it was
held that the contract did not consti-
tute a covenant for renewal, but that
upon the failure to give such notice
the lease would continue in operation
Where the lessee, for a term of one
year with the privilege of having same
for three years at the same rate"
covenants that at the end of said term
he would deliver up quiet possession
of the premises, and he continued in
possession after the close of the first
year. the court adjudged that he was
held for the full term of three years.
A New York case declares that if Il
notice is required to be given and the
tenant continues in possession after
the expiration of the term Of the old
lease, this is equivalent to an election
to take a further lease and entities the
tenant to hold the premises and de-
mand a new lease.
Where the lease provides that there
shall be right of renewal on such
terms as may be agreed upon by the
parties, it 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 to other parties he will give the
tenant the refusal of it, the tenant can
not assign his right to another.
In most of the states the covenant
for q perpetual renewal will be en-
forced by the courts. The right to Il
perpetual renewal will pass to an
assignee on the sale of the tenants in
terest. In California it is held, how
ever, that a covenant for lease to
run indefinitely at the option of the
lessee, is void as being against the
policy of the law.
Where there are several lessees and
one of them takes the renewal in his
own name pursuant to the provisions
of the former5lease, he is held by the
courts to hold the lease as a trustee
for the former. lessees. 1t has been
held, too, that where there is no
covenant of renewal and one of the
lessees obtains renewal in his own
name pursuant to the provisions of the
former lease, he is held by the courts
to hold the lease as "a trustee for the
former lessees. 1t has been held, too,
that where there is no covenant of re-
and .zpp of the IoGSPpS obtains
a renewal-ess5s dis own name secretly,
the renewal inures to the benefit OF all.
so that where an executor buys the re-
newal of a lease that ran to his tesla
tor he must. hold it in trust for the
estate. The same rule applies to any
person occupying the relation of trus-
tee for another. A lessor need not give
a renewal where the lessee has not
lived up to the agreements contained
in the lease, or has committed waste
on the premises-Sprague Correspond
ence School of Law.