The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1905-09-30
POPULAR TALKS ON LAW.
Landlord and Tenant-DuratiOn of
the Tenants Term.

1t is usual to stipulate in the lease
or rental agreement the time when the
tenants occupancy of the premises is
to terminate. Frequently the length
of the term is stipulated with a pro-
vision added to the effect that the term
may be renewed of the premises re-
tanned by the tenant for a 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. If the
length of the term is stipulated, and the
stipulation is valid, little difficulty can
arise; but where the length of the
term is for any reason uncertain, ques-
tions 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 must
be determined by the conditions and
circumstances of the case. The main
factor going to determine the intention
of the parties is a manner in which the
rent is payable; as, if the rent is so
much a week, or month, or year. as the
case may be. But it has been held that
where the property is leased for farm
ing purposes, the presumption is that
the tenancy was for year at least. The
conclusive evidence of the intentions of
the parties; it is only taken as pre-
sumptive, and evidence that may be in
troduced to show that the tenancy was
for a greater or less period than as in
Dictated by the rent periods.
The mere fact that the rent is pay
able monthly, Quarterly, yearly. does
not control in all cases. AS, where a
lease provides for an annual rent, pay
IL Hold
from year to year. Permission to oc-
-cupy where no rent is reserved, is not
a tenancy from year to year.
An agreement that a tenant may stay
as long as he pays his rent, is held to be
void: such an agreement amounts to a
tenancy from year to year, or from
month to month, according to the rent
paying periods,
1t is a general rule that every agree
ment as TO the duration of a tenancy
must, in order to be binding. fix its
termination, either by date or by some
circumstance other than the pleasure
of the parties.
At stated. the time of termination
may be stated in the alternative; that
is. certain time or certain other
time at the option of the tenant. 1t is
said that an agreement that tenant
may occupy premises until they are
SOlu Is NdliQ.
Frequently leases read like the ten
ancy for fixed time, subject to ter
mination at any time upon so many
days notice. Such agreements are
valid, but it should be understood here
that so many days, weeks, or months
notice in the lease means, so long a
notice before the termination of one OF
the rent periods. So that if the lease
is by the month, subject to termination
at any time upon a weeks notice, this
is implied to mean a notice given one
week before the expiration of the
monthly period. So that il the notice
were given only two days before the
end of the month. the tenancy would
not expire seven days after the giving
of the-notice. but at'tfle end of the fol-
lowing month.
Much trouble has arisen over the
misconceptions of the meaning of the
expressions weeks notice, ten days
notice and so on. The meaning is so
many days notice ending with the last
day of the rent paying period.
NOf course there is nothing to prevent
the parties from agreeing that on GER
tain notice a tenancy may expire al
any time during the month, but such
an intention should be clearly ex-
Pressed. by saving, for instance that if
the notice expires in the middle of the
month, rent shall be paid for the frac-
tional part of the month up to the date
on which the notice expires.
- A tenancy does not expire until mid
night of the last day of the term
Sprague Correspondence school of Law. /