Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1919-05-26
Tenancy Case Decision Given 81 81

| for the period ne acCna'ty occupies ,ths
nremises. where a tenant
for term Of years has option'to con-
tinue in possession as: tenant by
the month at the expiration Of his
term. the tenant holding over at once
becomes tenant from month to,
month"; Thief that rect IS
payable quarterly, and That the ten
ant gives security to pay one quar-
ter's rent in advance, is conclusive
that the tenancy is. quarterly ten
ancy and not a tenancy from year to
year. Underhill on Londlord and Ten
ant, Sec. 1861
"W,here tenant is in. possession
under lease for an indefinite term,
or under a general permission to &C.
cupy, and pays periodical rent, a
periodical tenancy IS thereby Great
ed, the length of the recurring peri
DDS of which is to be dcterminated
bv the character of the payments"
Is Amer, and Eng. Enc. of Law, 1913,
Do; citing England, Missouri, New
York, Illinois, Minnesota, New Jer-
sey and Pennsylvania.
"To constitute a tenancy from
month to month a special agreement
TO that effect may be made, or the
tenancy may be implied from the man
| ner in which the rent is paid. Thus a
| lease Cor an indeflnite term, with
monthly rent reserved, creates a ten
! ancy from month to month" "A Cyc.
| 1884, B2; citing Louisiana, Minnesota,
| New York, Ohio, Pennsylvania, Wash
\ ington and Canada.
| estates for years embrace all
! terms limited to endure for definite
and ascertained period, however short
" or long this period may be-" q Cys,
i 95S.
|! The notice whereby tenancies from
\ year to year are terminated is regu-
4 lated by statute in Virginia, which
4 provides as follows.
I "a tenancy from year to year may
be terminated by either party giving
notice in writing prior to the end OF
any year, for three months if it be
of land within. and for six months if
CT land without 4 city or town, ct his
intention 10 terminate the same. When
such notice is to the tenant, it may
be served upon him or upon any one
holding under him the leased pre-
misses or any part thereof. Where It
is by the tenant, it may he served
upon any one who at the time owns
the premises in while OF IN part, OF
the agent of such owner: Or accord
ing to the common law. This section
:. shall not apply where, by special
agreement. no notice is to De given
nor shall notice be necessary from a
tenant whose term is to end at d
certain time" (Minor OH Real Prop
erty Sec. 39l).
SIN case of tenancy from quarter
to quarter, month to month, etc.
neither the common law nor statu-
tory period Of notice is applicable
but the principle Is the same anc
there must still be nOtIce 10 qulr, the
4 period of The notice being III general
measured by the length n1 the term.
as quarters notice for tenallcies
/ from quarted to qHarter, Il month 5
1notice for tenancies from month to
| month, etc" (Ninor OH Real Prop
erty Sec. 391o
where notice to quit has been
given, it may be waived by the party
| giving the notice, in which case the
I situation will remain as if no notice
;had ever been given. Such waiver may
be either express or implied. On the
J lessons part, it may be implied CD
from a subsequent acceptance of rent
from the tenant, or (2) distress OF
action instituted by him for rent ac-
cruing subsequently to the expira-
ton of the notice, or (3) from the
subsequent giving of Il new notice to
take effect at later period than the