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Keywords

leaselandlord-tenant disputeunlawful detainer

plaintiffdefendantdamagestrialappellantunlawful detainer

Related Cases

Roseneau Foods, Inc. v. Coleman, 140 Mont. 572, 374 P.2d 87

Facts

The case involved a landlord-tenant dispute over a rental property used for a meat business. The tenant entered possession in April 1957 under an oral agreement for three years with an option to extend. The landlord refused to execute a written lease, intending to sell the property. Rent was paid monthly, and the landlord issued a notice to quit in September 1960, which led to the unlawful detainer action initiated by the landlord in November 1960.

The action was brought by the plaintiffs, appellants here, for unlawful detainer of certain rental property used to conduct a meat business and for treble rent as damages. Judgment was for the defendant.

Issue

Whether the court erred in finding that rent was paid on a monthly basis and concluding that the tenancy created by the oral agreement was a tenancy from year to year.

The first question presented by appellants' specifications of error is whether the court erred in finding that rent was paid on a monthly basis and then in concluding that the tenancy created by the oral agreement was a tenancy from year to year.

Rule

R.C.M.1947, § 42–203 presumes a hiring of real property to be for one year unless otherwise expressed, and R.C.M.1947, § 42–205 provides that if a lessee remains in possession after the expiration of the hiring and the lessor accepts rent, the parties are presumed to have renewed the hiring on the same terms.

R.C.M.1947, § 42–203, provides: ‘A hiring of real property, other than lodgings and dwelling houses, in places where there is no usage on the subject, is presumed to be for one year from its commencement, unless otherwise expressed in the hiring.’

Analysis

The court applied the rules by determining that the tenancy was initially for one year and that the lack of a notice to quit 30 days prior to the anniversary date of the tenancy meant it was deemed renewed for another year. The court found that the nature of the business and the relationship between the parties indicated a year-to-year tenancy rather than a month-to-month arrangement, despite the monthly payment of rent.

The finding of the trial court that the rental rate was established on a monthly basis was not inconsistent with the court's conclusion that the tenancy was from year to year. Moreover the acts of the landlord, in requesting and taking payments of future rent without agreement as to their nature, were inconsistent with circumstances which would indicate a tenancy from month to month.

Conclusion

The court affirmed the lower court's judgment, concluding that the tenant was lawfully in possession and that the landlord's unlawful detainer action could not be maintained.

For the foregoing reasons the judgment is affirmed.

Who won?

The tenant prevailed in the case because the court found that the landlord failed to provide the necessary notice to terminate the tenancy, which was deemed renewed for another year.

The trial court found, in part, that rent was paid on a monthly basis; that the business fluctuated seasonally each year; that there was no claim of default in the payment of rent; and that the tenant established a name, telephone listing, and accounting system for the business different from those previously used.

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Keywords

Related Cases

Dunlap v. Bullard, 131 Mass. 161, 1881 WL 11261

Bruner v. Hart, 59 Fla. 171, 51 So. 593

Union Hall Ass’n v. Morrison, 39 Md. 281, 1874 WL 4719

Edwards v. Habib, 397 F.2d 687, 130 U.S.App.D.C. 126

Landings Ass’n, Inc. v. Williams, 291 Ga. 397, 728 S.E.2d 577, 12 FCDR 1892