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Keywords

plaintiffdefendantappealwill

plaintiffdefendantliabilitytestimonywill

Related Cases

Rich v. Bolton, 46 Vt. 84, 1873 WL 6125, 14 Am.Rep. 615

Facts

The defendant entered possession of the premises with the plaintiff's consent in April 1857, without any agreement on rent. Over the years, he made various improvements, including building a barn and repairing the house, but did not pay rent. The plaintiff attempted to settle the matter but received only the value of the repairs in return. In May 1871, the plaintiff issued a notice to quit, which did not specify a time frame, leading to the legal dispute regarding the nature of the tenancy and the adequacy of the notice.

The plaintiff gave evidence tending to show that she had been in possession of said premises for twenty-five or thirty years, and that the defendant went into the possession thereof in April, 1857, with her consent, without any bargain as to the price of rent; that the first year the defendant build a small barn on the premises, for his own convenience, which he said cost him $100; that he put up a hog-pen, which the plaintiff did not want, and repaired the house considerably; that the plaintiff could get nothing of the defendant for rent, only what repairs he made.

Issue

Did the defendant's occupancy create a tenancy from year to year, thereby entitling him to six months' notice to quit?

Did the occupancy of the premises by the defendant, create such a relation to the plaintiff, that he is entitled, before suit, to six months' notice to quit?

Rule

A tenancy at will is characterized by the absence of a fixed term or rent, and it can only be converted into a tenancy from year to year through the reservation or payment of annual rent.

A tenant at will is not entitled to six months' notice to quit; but only to reasonable notice, and such as determines the will of the landlord.

Analysis

The court analyzed the facts and determined that the defendant's long-term occupancy did not imply a tenancy from year to year because there was no agreement or evidence of annual rent being paid. The improvements made by the defendant were not considered payments of rent but rather as compensation for his use of the property. Therefore, the essential element of annual rent necessary to establish a tenancy from year to year was lacking.

From this statement it would seem that he declined and refused to settle and pay rent. After such refusal, he could not claim that, by his continued occupancy, his estate had become enlarged by reason of an implied liability to pay reasonable annual rent.

Conclusion

The court concluded that the defendant was a tenant at will and was only entitled to reasonable notice to quit, not the six months' notice claimed. The lower court's judgment was reversed.

Judgment reversed, and cause remanded.

Who won?

The plaintiff prevailed in the appeal, as the court found that the defendant was a tenant at will and not entitled to the six months' notice to quit.

The plaintiff having no further testimony to introduce, the court decided the tenancy to be from year to year, and that the defendant was entitled to six months' notice to quit at the end of the year, and rendered a judgment of nonsuit.

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Related Cases

Swirsky v. Carey, 376 F.3d 841, 2004 Copr.L.Dec. P 28,852, 71 U.S.P.Q.2d 1491, 64 Fed. R. Evid. Serv. 1002, 04 Cal. Daily Op. Serv. 6178, 2004 Daily Journal D.A.R. 8401

Hannah v. Kenny, 210 Ga. 824, 83 S.E.2d 1

Lingsch v. Savage, 213 Cal.App.2d 729, 29 Cal.Rptr. 201, 8 A.L.R.3d 537

Carter v. Helmsley-Spear, Inc., 71 F.3d 77, 138 A.L.R. Fed. 711, 64 USLW 2371, 37 U.S.P.Q.2d 1020

Da Silva v. Musso, 76 N.Y.2d 436, 559 N.E.2d 1268, 560 N.Y.S.2d 109