Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1919-05-26
81 e = 8 1
Z y sAs-aG q - FE-
(Continued from Page One1

ard the tenancy viii continue to exist
Pas long as the required notice to quit
is not given by either of the parties:
1.-THE question frequently arises IN
case of periodical tenancies embraced
il the general classbications of ten
ancies from year to year, as to the
length of the recurring periods OF
the tenancy, that is, whether the ten
ancy is from one year to another, or
for lessor periods, such as from
month TO month, and the like; the
controlling element in determining
this question is the nature OF the
rent reserved or paid. If a yearly rent
is reserved or paid, it is then general
" considered as a tenancy from year
to year, even though the payments
are made in installments such as
quarterly or monthly; if, however, the
rent is not yearly rent, but IS for q
lesser period, such as o monthly rent,
then the tenancy is deemed TO be
from month to month, irrespective of
the length of time it may in fact ex-
ist. Thus, in case Of an indefinite
lease for a monthly rent, nothing be-
ing said about year, the tenancy
is one from month to month, though
the lessee may remain in possession
and pay rent for more than a year,
so in case of a periodical tenancy
arising from holding over, if the
rent paid is a monthly rent, a ten
ancy from month to month is Great
cdr (Ruling Case Law. Vol. 16, Sec
95, page 616).
"a tenancy from month to month
will generally arise where no de
finite term Of letting is specified by
the parties and the rent is payable
monthly. SO a lease at will with the
rent payable in monthly instruments
becomes tenancy from month to
month. Such tenancy also arlsep
where the tenant was to
have the premises as long as he paid
the rent thereon, which was in terms
payable monthly, and the landlord
was to have the premises whenever
he wanted them. So, where
"a tenant for a term paid a months
rent and took receipt for the same
commencing at the expiration of the
bid term, the new tenancy was from
month to month and it was not re-
newal of the expired term. An eX-
press provision in the lease that the
tenancy may be determinable Oh q
notice Of month or thirty days may
sometimes determine the length OF
The term Of letting, as, for instance,
parol agreement made before the
Expiration of a lease under seal for
the occupation of the premises after
The expiration of the lease until term
mated by thirty days notice, converts
The lease into tenacy from month
TO month. A tenancy from month to
month is created where the term OF
citing is for one month only and is
10 expire at noon on the first day of
ihe following month, and the tenant
holds over. The tenant is thereafter
tenant from month to month. And
IN entry into possession under q YER
bal letting with an agreement to pay
rent by the month, which is void I'M
Ter the Statute Of frauds becomes a
tenancy from month to month and if
he term is not fixed in parol let
ing, but monthly rent is reserved,
tenancy from month to month and
OF from year to year usually arises.
4 tenant who occupied the premises
nder lease which is void because
he element Of mutually is lacking is
tenant from month to month where
has an option to terminate then
Ease by months rotice. And this
resumption or construction is very
Materially strengthened by the fact
hat the tenant is to pay rent only