Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1919-05-26
TENANCY CASE
DECISION GIVEN
Opinion Handed Down by
Judge Barley in Cor
poration Court
QUOTES LAW IN CASE
Monthly Tenant More Than Year
Does not Become Yearly Tenant by
Possession Says Court.

city of Alexandria, Virginia in the
case of Cockey VS.. Tancil, Judge L.
C. Barley has handed down the fol-
lowing opinion which is of interest to
both clients and landlords:
In as much as there seems to be
considerable uncertainty in the minds
of the people, as to what constitutes
yearly and what a monthly tenancy
| think t best in the case | have be-
fore me to go beyond the legitimate
scope Of this case, ard quote the law
governing all other questions, which
are apt ~ arise in our city at this
| time.
EVERY general letting, if the les
sor accepts yearly rent, or rent nea
sured by any aliquot part of q year
if net expressed to be an estate at
will, is an estate from year to year.
Hence, where tenant for years holds
over, the lessor receives rent from:
him, ne becomes thereby a tenant
from year to ;c.:.' end Minors Inst.
3rd. Ed p. l9O.> And this is true
even though he rental is distinctly
renta. from month to month .:
quarter g quarter, for all rentals
from month 20 month and quarter 70
quarter are included in and are .
part of estates from year to year.
"Tenancies from year to year do
not, like estates at will, determine by
the death of either party, or cf both
and when such a tenancy has COM
menced it continues against any as
signee of the reversion." end Minors
Irst. 3rd. Ed. p. 1879.
"An estate for years is one that
is created by contract or by estop-
pei. whereby the tenant is given the
possession of lands or tenements and
enters upon the same for period
of time fixed or agreed upon by the
parties" minor en- Real Property,
Sec. 35S).
"Ia consequence of the many hard
ship resulting from the uncertain
tenure Of estates at will, and the TOO
often arbitrary and sudden deter
mination Of them by lessons, it be-
came at an early day Il rule of law
hat, where rent was reserved and
raid by the lessee, the lessor could
not terminate the tenancy without
giving due notice Of his intention TO
:: do so. Tenancies at will, where no
rent was reserved, ccu!d be terminal
! ed Immediately upon notice. And il
was obviously equitable that. in the
. institution of such rule, notice to
the lessor should be required in case
I tne. tenant should wish to determine
the estate. this nay, by course
/ of judicial legislation, arose class Of
estates which are for an uncertain
period, but which differ from the COM
mon law estates at will, in that they
are tenancies for an uncertIn num-
Der of fixed periods of time, their
duration being regulated by the man
ner of paying the rent, i. e., by the
month, quarter or year, and which
continues to exist as long as the re
uuired notice to quit is not given by
either of the parties. These estates
are called tenandies from year Il
wear. The term "year" in the tenancy
from year to year IS here used rs i
unit of time, and under the term
tenancy from year to year are in
cluded tenancies from month to month
quarter to quarter, and the Ike, II
the same manner as an estate fol
wears includes an estate for cr:
month" (Ticdeman on Real Prop
crty, sec. 2l4l.
Il will be noticed that the duraticr
of these fixed periods of time of rent
al, whether by the month, quarter o!
wear, may be inferred and regulated
as stated by Mr.. Tiedeman, by th'
manner of paying the rent, !. e., By
the month. quarter or year, and tn
" number of these fixed periods wheth
cr one month. one quarter, one year
"a whether many months, many quar-
ters, many years, may be uncertain